G. A. Thompson & Co. v. Wendell J. Miller Mortgage Co.

MEMORANDUM

TENNEY, District Judge.

This is an action for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure (“Rules”). Jurisdiction is based upon diversity of citizenship. The parties have stipulated that defendants are liable for breach of contract, and the sole question before this Court is what is the proper measure of damages recoverable by plaintiff for defendants’ breach. For the reasons discussed below, the Court finds that plaintiff is entitled to recover the difference between the contract price and the cost of “covering” the breached contract, plus incidental…