Kearsarge Computer, Inc. v. Acme Staple Company, Inc.
New Hampshire Supreme Court
366 A.2d 467 (1976)
Kearsarge Computer, Inc. (plaintiff) signed a one-year data-processing services contract with Acme Staple Company, Inc. (defendant), which terminated the contract about seven months in due to Kearsarge's unsatisfactory performance, spending $837.75 to fix Kearsarge's errors. After termination, Kearsarge found new business elsewhere and sued Acme for breach of contract. A master awarded Kearsarge the full remaining contract balance of $12,313.22, and the trial court affirmed; Acme appealed, arguing Kearsarge's substitute-job income should be deducted from its damages.
Whether, in a suit for breach of a service contract, income from a substitute job is deducted from the service provider's damages if concurrent performance of another contract is possible.