DeRosier v. Utility Systems of America, Inc.
Minnesota Court of Appeals
780 N.W.2d 1 (2010)
Relevant factsFree
USA (defendant) agreed to dump only 1,500 permitted cubic yards of fill on DeRosier's (plaintiff) property but instead dumped 6,500 cubic yards; when DeRosier demanded removal of the excess, USA refused unless DeRosier paid $9,500 toward removal costs, and DeRosier instead hired another company to remove the fill for $22,859 and sued USA for breach of the oral fill agreement, recovering both general and consequential damages at trial.
IssueFree
Whether, under contract law, a party is required to accept the terms of a new agreement from a defaulting party in order to mitigate damages from the defaulting party's breach of contract.