Chi. Coliseum Club v. Dempsey

265 Ill. App. 542 (1932)



Items recoverable in a breach of contract action are such items of expense as were incurred between the date of the signing of the agreement and the date of breach by the defendant and such as were incurred as a necessary expense in furtherance of the performance. Proof of such items should be made subject to the usual rules of evidence.


Plaintiff brought action to recover damages for breach of contract by defendant boxer. After defendant refused to complete contract, plaintiff filed to enjoin defendant from engaging in another boxing match. The court dismissed the action. On appeal, the court reversed and remanded.


Did the court err in limiting damages only for expenses incurred during the time between signing of contract and defendant's repudiation of contract?




Court decreed contract was valid; complainant had expended large sums of money in carrying out terms, and defendant was restrained from training for or participating in any boxing matches other than the one designated by plaintiff. Plaintiff sought damages in separate action for loss of profits from contest, expenses incurred prior to signing of agreement, expenses incurred restraining defendant from other contests and forcing compliance, and expenses incurred after signing but before breach. Court held expenses incurred between signing and breach by defendant, as well as necessary expenses for performance, were recoverable; remainder claims were not.  Speculative damages, costs incurred prior to contract, and costs incurred not specified in contract to force contract compliance were unrecoverable. Court permitted damages only for expenses incurred during time between signing of contract and defendant's repudiation of contract.

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