Kearsarge Computer, Inc. v. Acme Staple Company, Inc.

366 A.2d 467 (1976)

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Nature of the Case

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Facts

Under a one-year contract, P performed electronic data processing services for D for twenty-five dollars per computer hour or $2,000 per month whichever was greater. The contract started June 11^th but on January 7^th D terminated the contract on the grounds that P's performance was unsatisfactory. By letter, P requested information regarding the alleged data processing errors and any losses therefrom. D responded that such information had been sufficiently provided at the meeting. P served pretrial discovery interrogatories upon D one of which read: 'Please state in precise detail the alleged breaches by P of the contract, which resulted in D's termination giving the date of each alleged breach. D listed eleven incidents of alleged breach in the degree of detail requested. At trial, D was not permitted to introduce evidence of any breaches other than those listed in the answer to the interrogatory. The master did not allow Mr. Moffitt, who answered the question, to testify as to his understanding of the question. [On appeal, this ruling was affirmed.] The master awarding P the full balance of the contract price. D appealed on this issue as well contending if the defendant's breach saves expense to the plaintiff, the plaintiff will recover the contract price minus the savings.