Cameron v. Benson
Supreme Court of Oregon
757 P.2d 861 (Or. 1988)
The Camerons (plaintiffs) sued the Bensons (defendants) for specific performance of a land sale contract the Bensons had breached, seeking money damages only as an alternative if specific performance couldn't be completed; the trial court granted specific performance and ruled that, if the Bensons didn't convey the property within two months, the Camerons would instead receive money damages calculated using the property's value at the time of the specific-performance award (rather than at the time of breach), minus the unpaid purchase price. Because the property's value had risen $5,000 between the breach and the trial, the appellate court recalculated the alternative damages using the earlier, lower breach-date value, reducing the award by $5,000, and the Camerons appealed.
Whether money damages awarded as an alternative remedy to specific performance should be calculated using the property's value at the time of the specific-performance award, rather than at the time of the original breach.