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Tolar Construction v. Kean Electric Company

Supreme Court of Alabama

944 So.2d 138 (2006)

Relevant factsFree

After delays caused Kean (plaintiff) to miss a construction deadline, Tolar (defendant) ordered Kean to cease work on an elementary school renovation and paid third parties to finish the remaining electrical work; the jury awarded Kean $89,000 in damages based on the contract price less what Kean itself would have paid its own subcontractors to finish, and Tolar argued the offset should instead reflect the (higher) amounts Tolar actually paid its own last-minute replacement subcontractors.

IssueFree

Whether a seller that has suffered a direct loss can recover damages equal to the promised price reduced by any savings resulting from the buyer's breach.

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