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Forster v. Boss

United States Court of Appeals for the Eighth Circuit

97 F.3d 1127 (1996)

Relevant factsFree

The Forsters (plaintiffs) bought lakefront property from the Bosses (defendants), who falsely represented the Forsters could obtain a boat-dock permit (impossible since the Bosses already held the only available permit) and who separately failed to remove a swim dock as promised. A jury found for the Forsters on fraud and breach of contract, awarding compensatory and punitive damages plus an injunction requiring the Bosses to remove the swim dock; the Forsters also separately obtained the boat-dock permit itself as part of the remedy. The Bosses appealed, and Union Electric (the permitting authority, also a defendant) had stipulated it would grant the permit if the Forsters were found entitled to it under the purchase agreement.

IssueFree

Whether a plaintiff can recover both compensatory damages based on a breach of contract and an injunction granting specific performance of the same contract.

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