Procedural Posture

Plaintiff purchaser sought review of a judgment from the Superior Court of Los Angeles County (California) in favor of the purchaser for nominal damages only in an action by the purchaser against defendant seller for breach of agreement. The best corporate litigation attorney Los Angeles will help you in all corporation litigation matters.

Overview

The seller became obligated to sell to the purchaser a specified quantity of casing-head gasoline at a price per gallon fixed at a certain amount less than the retail price per gallon of a product known as Red Crown gasoline. Upon the refusal of the seller to comply with the provisions of the agreement in that regard, the purchaser commenced an action against the seller for the damages which the purchaser claimed had resulted from said alleged breach. The superior court found that the agreement was breached by the seller but rendered a judgment in favor of the purchaser for nominal damages only. The purchaser appealed. The court affirmed because the purchaser failed to prove the only damages which it was entitled to recover in the action, a judgment for nominal damages only was all that the trial court was authorized to render in its behalf. In addition, the court reasoned that where no evidence was offered as to the difference between the contract price and the market value, the purchaser was only entitled to nominal damages.

Outcome

The court affirmed the judgment.

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