Kutzin v. Pirnie

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• overruling common law rule that where vendee of real property makes part payment on purchase price, but fails to fulfill contract without lawful excuse, he cannot recover the payment
• \[R]etention of the entire deposit would unjustly enrich the [seller] and would penalize the [buyer] contrary to the policy behind our law of contracts.\
• “[Retention of the entire deposit would unjustly enrich the [seller] and would penalize the [buyer] contrary to the policy behind our law of contracts.”
• One who charges that another has been unjustly enriched has the burden of proving it
• adopting Section 374(1) of Second Restatement to determine damages
• “The approach that we adopt is suggested to have the added benefit of promoting economic efficiency: penalties deter ‘efficient’ breaches of contract ‘by making the cost of the breach to the contract breaker greater than the cost of the breach to the victim.’ ”

Source: CourtListener parenthetical corpus (CC0).