Chapple

Mary Chappie’s suit sought damages for breach of contract and negligence against Big Bear Super Market No. 3 (Big Bear) and Robert Petrich. Big Bear contracted to build a theatre for Chappie. Chappie charged Big Bear, without her consent, reduced the capacity of air conditioning equipment from the contract specified 20.43 tons to an inadequate 8-ton output. After a nonjury trial, the court awarded $11,180 damages plus attorney fees and costs against both defendants.

On appeal Big Bear and Petrich (1) attack the adequacy of the court’s findings to support the judgment, (2) suggest they were charged with improper items of damage, (3) assert trial court failure to consider Chappie’s duty to mitigate damages, and (4) contend Petrich was not a proper defendant.

Facts

Chapple owned unimproved property upon which Petrich, a real estate broker, suggested a movie theatre would provide a lucrative business venture. After several discussions, Petrich put Chapple in touch with Mr. Cooper and Mr. Bilton, two men experienced in theatre franchises, and introduced her to Dan Rodrigues as a prospective long term tenant to rent and operate the movie house. Hal Wolfe, an architect…