Schiavi Mobile Homes, Inc. v. Gironda

Frank and Patricia Gironda (defendants) breached their contract to buy a mobile home from Schiavi Mobile Homes (Schiavi) (plaintiff) after paying a $1,000 deposit, and when Schiavi's agent contacted Frank's father, Gironda, Sr., about his son's intentions, Gironda, Sr. offered to pay the full purchase price himself -- conditioned only on his son not being found -- to avoid forfeiting the deposit, and was willing to mortgage property to do so, but Schiavi's agent told him it wouldn't be necessary. Schiavi instead waited about two months and sold the home to a third party for $1,000 less than the original contract price, then sued the Girondas for lost profits and interest, and the trial court awarded Schiavi only partial damages after finding Gironda, Sr.'s offer too conditional and vague to trigger a duty to mitigate.