McCullen v. Wel-Mil Corp.
McCullen v. Wel-Mil Corp.
Opinion of the Court
The gist of defendant’s first assignment of error is that there was an insufficient basis provided by plaintiffs’ evidence by which the jury could determine plaintiffs’ damages. Defendant bases his argument on Tillis v. Cotton Mills and Cotton Mills
Finally, defendant contends the trial court erred in overruling defendant’s motion for directed verdict since any damages suffered by plaintiffs were mitigated by the constant employment of plaintiffs by defendant.
“Gains made by the injured party on other transactions after the breach are never to be deducted from the damages that are otherwise recoverable,, unless such gains could not have been made, had their been no breach.” 5 Corbin on Contracts, § 1041, p. 256 (1951).
There is no indication that plaintiffs’ gains from subsequent work could not have been made, had there been no initial breach of contract. This assignment of error is overruled.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.