152 Minn. 475 | Minn. | 1922
Defendant, a mercantile firm in Minneapolis, had a contract with plaintiff, a New York corporation, by the terms of which plaintiff agreed to carry defendant’s advertisement for four years from January 1,1919, in a designated space in the front of certain cars of the
In Barron G. Collier, Inc. v. Kindy, 146 Minn. 279, 178 N. W. 584, it was said that this sort of contract is comparable to a contract of employment and is governed by similar principles. If the advertiser breaches his contract the measure of damages is the price to be paid, less the cost of furnishing the service, unless there are circumstances in mitigation of the damages. While a breach of contract is never justified, still the law requires a party who has been wronged by the breach to act with reasonable diligence to minimize
It was indicated, however, that if the contract called for a particular space, as it does in this case, a different question would be presented. In such case the rule of law clearly is that if, by reasonable diligence, another unobjectionable customer can he found who will take the same space at as favorable a price, there is no damage and no action can he maintained. In this case four other unobjectionable customers stood ready to take the same space contracted for by defendant and at a higher price. Defendant’s breach caused plaintiff no damage, but gave an opportunity for profit. Defendant simply gave up an advantageous contract. It was a piece of good fortune to plaintiff that defendant breached the contract. The fact that plaintiff delayed three months in availing itself of a new contract and then rented the space to a customer who canceled other space to accept it was plaintiff’s own affair. It might have rented the space upon cancelation of the contract and from defendant’s standpoint the delay was unreasonable. Plaintiff has no claim against defendant.
Order reversed.