noting that the plaintiff in that case "acknowledged at the outset that no economic damage occurred * * * [and] did not demand injunctive relief or specific performance but specifically requested an award of compensatory damages[.]"
How later courts described this case
- noting that the plaintiff in that case "acknowledged at the outset that no economic damage occurred * * * [and] did not demand injunctive relief or specific performance but specifically requested an award of compensatory damages[.]"
- retaining damages as an element of a breach of contract claim that must be pled and permitting an award of nominal damages if a breach is proved at trial while acknowledging "puzzlement" with the rule among courts
- punitive damages are not recoverable for a breach of contract unless the conduct constituting breach is also a tort for which punitive damages are recoverable
Written by the judges who cited it.
The opinion
Douglas, J.,
dissenting. I dissent from the judgment of the majority. Barnesville is good law and I would retain it as is.
Cook, J., concurs in the foregoing dissenting opinion.