In Contracts today we'll cover Peevyhouse v. Garland Coal & Mining Co. The lesson is supposed to be the measure of contract damages -- diminution in market value versus cost to complete. Willie and Lucile Peevyhouse thought they had contracted with the Garland Coal Co. for restoration of their land after Garland finished its surface coal mining operation. The court held for Garland. It left Willie and Lucile with a check for $300 and land that would never be the same.
In all the years I've taught this case as a companion to Cardozo's masterful Jacobs & Young v. Kent, a song runs through my head. I saw John Prine play this "when I was a young girl . . . ." This is the real lesson of Peevyhouse v. Garland Coal Company. Listen.