Measure of Damages. Johnson contracted to lease a house to Fox for $700 a month, beginning October
Question:
Measure of Damages. Johnson contracted to lease a house to Fox for $700 a month, beginning October 1. Fox stipulated in the contract that before he moved in, the interior of the house had to be completely repainted. On September 9, Johnson hired Keever to do the required painting for $1,000. He told Keever that the painting had to be fi nished by October 1 but did not explain why. On September 28, Keever quit for no reason, having completed approximately 80 percent of the work.
Johnson then paid Sam $300 to fi nish the painting, but Sam did not fi nish until October 4. When Fox found that the painting had not been completed as stipulated in his contract with Johnson, he leased another home. Johnson found another tenant who would lease the property at $700 a month, beginning October 15. Johnson then sued Keever for breach of contract, claiming damages of $650. This amount included the $300 Johnson paid Sam to fi nish the painting and $350 for rent for the fi rst half of October, which Johnson had lost as a result of Keever’s breach. Johnson had not yet paid Keever anything for Keever’s work. Can Johnson collect the $650 from Keever?
Explain.
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