Cleveland Co. v. Standard Amusement Co.

Citations

• 103 Ohio St. (N.S.) 382

Syllabus

<p>Breach of contract — •Rights and remedies — Action for damages or quantum meruit — Defenses, — Nonperformance decreases loss of party performing.</p> <p>1. Where one party to a contract has agreed to render services in the manner described in the contract for a term and at a rate fixed by its provisions, and full performance has been prevented by the wrongful acts of the other party, the injured party may elect to sue for damages or may disregard the contract and sue for the reasonable value of what he has performed.</p> <p>2. In support of a defense that the prevention was not wrongful it is competent for defendant to aver and prove that in the circumstances of the particular case plaintiff would necessarily have lost more by fully performing the contract at the agreed price than by not performing.</p>