John v. United Advertising Inc.
Colorado Supreme Court
439 P.2d 53 (1968)
Relevant factsFree
John (plaintiff) hired United Advertising (defendant) to erect seven signs for $95 per month, with the contract apportioning specific dollar amounts to each sign and providing that terminating one part wouldn't affect the rest; United failed to properly erect two of the signs, and John sued to recover the full $680 paid. The trial court found the breach concerning the two signs severable, calculated $120 as the amount apportioned to them, but then found John failed to prove any damages and dismissed his claim entirely; John appealed.
IssueFree
Whether, if a breach of contract is severable, the plaintiff is limited to recovering only the portion of damages attributable to that breach.
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