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.
4 comments:
Cute. In my contracts teaching days, I used to play Jean Ritchie singing "Black Waters"
Hey Buce! Thanks for tuning in.
Peevyhouse was always one of my favorite cases when I taught contracts. I loved playing with the concept of expectation, with the actual consequences of the mining, and with the problems of drafting in order to prevent outcomes like that. The Prine song is just right for the case.
Dennis, the truth, as my students will tell you, is that I love all the cases. Thanks for stopping by.
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