Contract Law: Peevyhouse v Garland Coal & Min. Co

Read the majority opinion in Peevyhouse v Garland Coal & Min. Co., 382 P.2d 109 (Ok. 1962) and answer the following questions.

(1)!What are the material facts of the case?

(2)!What is the prescriptive ratio?

(3)!Evaluate the applicability of Peevyhouse to the issue of contract damages in the hypotheticals below. Assume the hypotheticals take place in the same jurisdiction as

Peevyhouse and that the disputes are in lower courts. a.! Ms. Vivian Sand entered a lease with Timber Co., a logging company, to allow the company to clear a forest from Vivian’s land in exchange for a share of the proceeds from the timber sales. The lease also required Timber Co. to replant the land with tree seedlings after removing the forest trees. Timber Co. removed the trees but refused to replant the area. Vivian seeks $30,000 in damages from Timber Co. Timber Co. claims that Vivian has no interest in replanting the land, but has been seen eyeing brochures for real estate in Mexico. The cost of replanting the land is $30,000, and replanting will raise the value of the land $300. What damages does Timber Co. owe to Vivian? Assume that Timber Co. breached the contract.

b.! Mr. Frank Treehugger entered a lease with Timber Co., a logging company, to allow the company to clear a forest from Frank’s land in exchange for a share of the proceeds from the timber sales. The lease also required Timber Co. to replant the land with tree seedlings after removing the forest trees. Timber Co. removed the trees but refused to replant the area. Following removal of the trees, Frank received an offer to sell his land for $5 million to Big Putts Co., who thought the cleared land would be perfect for a golf course. Frank refused to sell: he plans to retire on the land and looks forward to gazing out his window onto a beautiful forest. Frank hired another company to replant the area at a cost of $30,000 and now claims $30,000 in damages from Timber Co. What damages does Timber Co. owe to Frank? Assume that $30,000 was a reasonable cost for replanting the land, replanting the land reduced its value, and Timber Co. breached the contract.

c.! Mr. Harry Clever entered a lease with Rocks Co., a mining company, to allow the company to remove minerals from Harry’s land through a strip-mining operation in exchange for $230,000. Harry also entered a second contract with Rocks Co. in which Harry agreed to pay $30,000 to Rocks Co. for restoring Harry’s land after the mining operation. Both parties performed the lease agreement. However, after the mining operation, Rocks Co. refused to restore the land. Harry seeks $30,000 from Rocks Co. in damages. The cost of restoring the land is $30,000, and restoring the land will raise the value of the land $300. What damages does Rocks Co. owe to Harry? Assume that Rocks Co. breached the second contract.

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