This section contains the nature of the case and procedural background.

Groves (P) operated a plant that excavated and screened gravel. John Wunder Co. (D) owned and operated a similar plant and contracted with P to lease his land for seven years. D agreed to remove the sand and gravel and to leave the property at a uniform grade, as well as take over P's screening plant. From the start, D paid P $105,000. P's part of the contract was executed except for D's right to continue using the property for the stated term. D then deliberately breached the contract by removing the best of the gravel, surrendering the property, and refusing to leave the land at a uniform grade. The trial court determined that 288,495 cubic yards of soil would be needed at a cost of $60,000 to honor the contract terms. If the contract had been honored, the land's value would have been $12,160. The trial court awarded P the lesser amount plus interest. P appealed. P contends that he was entitled, not to that difference in value, but to the reasonable cost to him of doing the work called for by the contract which D left undone.

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