Egerer v. CSR West, LLC

Egerer (plaintiff) contracted with CSR West (defendant) to supply fill material for his land development at $0.50 per cubic yard; CSR stopped delivering after finding it more profitable to sell the material elsewhere. Egerer didn't immediately buy replacement fill because doing so would have been too costly and there wasn't enough time; months later, he obtained quotes of $8.25 to $9.00 per cubic yard, still too expensive for his budget, and roughly a year after the breach he ultimately obtained fill from an unrelated landslide at $6.39 per cubic yard. He sued for damages based on the difference between the contract price and the $8.25 quote he'd first received; the trial court awarded those damages, and CSR appealed, arguing the court improperly used the market price of a superior product measured six months after the breach.