Emery v. Caledonia Sand And Gravel Co., Inc

374 A.2d 929 (N.H. 1977)

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Nature of the Case

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Facts

Caledonia (D) contracted with Emery (P) to remove landfill from P's farm for a road construction project and then to restore the excavated area for agriculture. The restoration proved to be inadequate; it could only support a meager stand of grass. P sued for damages; the cost to restore and the value of the lost crops. The trial court awarded P $17,520 for the cost required to restore the area to its previous hay-growing capacity plus the loss of hay crops for three years. D appealed; Compensatory damages amounted to unjust enrichment because there was no indication that P would use the money to restore the land for hay farming, and P failed to mitigate damages by not informing D of the deficient restoration.