Turner v. Benso

672 S.W.2d 752 (1984)

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Nature of the Case

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Facts

The Turners (P) entered into a contract to sell their residence to the Bensons (D) for $75,000. The residence had been built and specially modified by Ps so that they could operate a daycare center from it. Ds knew that Ps had operated a daycare center out of the building when they contracted for its purchase. Ds also knew that Ps were looking to buy another house with the proceeds from the sale of their residence. One month after the contract was signed, Ps obligated themselves to buy another residence. Only after D told P that their loan was approved did P sign the purchase papers for the home they wished to purchase. D failed to show up at the scheduled closing date. P sued for specific performance and damages. P sold the residence for $76,000 to another party on December 16, 1981, approximately 469 days from the date the house was to be sold to D. The case was tried for damages. D was found to have willfully breached the contract. The trial judge awarded P all damages requested except the loss of income from the daycare center. On appeal, the Court of Appeals agreed that the loss of day-care income was not a proper element of damage, but remanded for a further evidentiary hearing upon the issue of the amount of damages. P appealed.