Stanback v. Stanback

CLARK, Judge.

The trial court did not dismiss plaintiff’s claim for actual compensatory damages for breach of contract. The measure of such damages is the amount which will compensate the injured party for the loss which fulfillment of the promise could have prevented or which breach of it entailed. 3 Strong’s N.C. Index, Contracts, § 29.2, p. 442. The traditional goal is to award a sum that will put the non-breaching party in as good a position as he would have been had the contract been performed. Restatement, Contracts, § 329 (1932); Dobbs, Remedies, § 12.1, p. 786. A plaintiff is, of…