135 A.2d 603 | Conn. Super. Ct. | 1957
This is an action in which the plaintiff, as executor of his father, North McLean, seeks to recover damages for the alleged breach by the defendant of her contract to purchase a certain dwelling and land in Washington, Connecticut, from North McLean, for $26,000.
The making of the contract in August of 1952, the payment by the defendant of $2600 on account of the purchase price, and the subsequent notice given by the defendant to the plaintiff that she would not perform the contract are admitted facts on the pleadings. It is also admitted on the pleadings that the plaintiff received and has retained the payment of $2600. The defendant has a cross complaint to recover the $2600 paid on account. By stipulation, the case was referred to a state referee for hearing and report.
On the facts as found the defendant is not entitled to prevail on her cross complaint. There was no mutual rescission of the contract. The rescission of a contract is in itself a new contract. It is the substitution of a new agreement for the old. Burkle
v. Superflow Mfg. Co.,
The plaintiff's claims for damages are far in excess of those allowed under our law in cases of this kind. The plaintiff claims, first, the loss of his bargain; second, the loss of the use of the money defendant should have paid on November 2, 1952, as the balance of the purchase price; and, third, various items of expense which plaintiff incurred, during the period beginning with defendant's breach of the contract and ending with the date of resale to the new customer. These expenses are for pay for a caretaker for the house (which was vacant) for about sixty weeks, and for current taxes, water, electricity, and other maintenance charges. Claims in the second and third category are believed to be novel claims for damage in this type of transaction. *371 None of them were in contemplation of the parties at the time the contract was entered into, and on the facts none of them can reasonably be supposed to have been in contemplation of the parties as the probable result of a breach.
The rule of damages considered by the court as proper to apply here is: The measure of damages for breach of contract of sale is the difference between the contract price and the value of the property at the time of the breach of the contract. These damages represent the loss of the bargain. 8 Thompson, Real Property (Perm. Ed.) § 4619; Wells v.Abernethy,
Under the facts found, the damages sustained by the plaintiff, as caused by the defendant's breach of contract as alleged, are the "loss of his bargain" as stated by plaintiff in the amount of $3100, together with interest thereon at 6 per cent from November 1, 1952.
Judgment may enter accordingly.