Defendant partnership challenged an order of the Superior Court of Imperial County (California), which awarded plaintiff corporation damages in its action to recover damages for the partnership's breach of an ore milling contract.
Overview
The corporation operated an ore treatment mill, and the partnership owned mineral leases to an ore deposit. The corporation lawyer for lawsuit which was the reason for this appeal.
The corporation agreed to mill ore that was produced by the partnership. The partnership failed to furnish ore for the commencement of milling operations on the date that was specified in the parties' contract. The corporation sought to recover damages for breach of contract. The trial court ruled in favor of the corporation, and the court affirmed. The court held that the weight and sufficiency of the evidence and the inferences to be drawn therefrom were matters for the trial court, there was substantial evidence to support its findings. There was due performance of the contract by the corporation. The costs of milling were greatly increased by the partnership's failure to deliver the quantity and quality of ore promised by them in the contract. The partnership failed and refused to deliver ore, all in violation of the contract. By reason of such failure, the corporation sustained damages for loss of future profits. The evidence indicated that it could have reasonably expected to make future profits if the partnership had delivered the ore specified in the contract.
Outcome
The court affirmed the judgment entered in favor of the corporation in its action to recover damages for the partnership's breach of an ore milling contract.
