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Peevyhouse v. Garland Coal & Mining Co.
''Peevyhouse v. Garland Coal & Mining Co.'', 382 P.2d 109 (Okla. 1962), is a US contract law case decided by the Supreme Court of Oklahoma. It concerns the question of when specific performance of a contractual obligation will be granted and the measure of expectation damages.
==Facts==
Willie and Lucille Peevyhouse owned a farm containing coal deposits. In November 1954, they entered into a contract with Garland Coal & Mining Co. They gave Garland a five year lease to strip mine the coal, in return for a royalty, and the promise that the land would be restored once they were done. In the lease agreement was the following:
7d Lessee agrees to leave the creek crossing the above premises in such a condition that it will not interfere with the crossings to be made in pits as set out in 7b.
7f Lessee further agrees to leave no shale or dirt on the high wall of said pits."
Coal mining can often work through digging out underground shafts, but stripping off the land was cheaper. To restore the land the overburden must be shifted back, in this case at a cost of $29,000. When there were recurrent floods, Garland refused to put the land back. The Peevyhouses sued. The jury returned a verdict for the Peevyhouses for $5,000 and Garland appealed again.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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