May v. Muroff
Florida Court of Appeals
483 So.2d 772 (1986)
Relevant factsFree
A seller contracted to sell land to a purchaser but, before closing, sold fill from the land to a third party for $240,000. The purchaser sued for the full proceeds of that sale, and the trial court instead awarded damages based only on a pro-rata share tied to the 25 acres of lost fill, valuing that loss at $122,067 of the purchase price. The purchaser appealed, arguing this calculation let the seller keep a windfall from his own deliberate wrongdoing.
IssueFree
Whether a party that deliberately breaches a contract is permitted to profit from the breach.