Kalal v. Goldblatt Brothers, Inc. 368 N.E.2d

Kalal v. Goldblatt Brothers, Inc.

368 N.E.2d 671 (Ill. Appellate Ct. 1977).

FACTS:

Donald E. Kalal and Goldblatt Brothers, Inc., entered into a written contract, which provided that Goldblatt would reupholster Kalal's sofa. The price agreed upon was $466.20, with a delivery time of six to eight weeks. Goldblatt picked up the sofa on June 27, 1974. On August 28, 1974, Goldblatt informed Kalal that his choice of upholstery was not available. The parties agreed upon a different fabric, at the same price. The second fabric was also unavailable. On September 18, 1974, Kalal sent a telegram seeking immediate return of his sofa. Goldblatt's superintendent persuaded Kalal to select a third fabric, promising delivery within 7 to 14 days after receipt of the fabric and a 20% discount on the cost of the order. The sofa was finally delivered in November 1974. However, the sofa was reupholstered in the wrong fabric and Kalal refused to accept delivery. Kalal demanded the return of the sofa in its original condition. Goldblatt did not comply. Because the substituted sofa clashed with his existing decor, Kalal redecorated his living room.

PROCEDURAL HISTORY:

Kalal brought an action against Goldblatt for breach of contract to reupholster the sofa. The Circuit Court of Cook County (Illinois) granted judgment for Kalal, and Goldblatt appealed.

ISSUE:

Can a customer recover damages incurred in redecorating a room when an upholsterer has covered a sofa in the wrong upholstery?

DECISION:

No, a customer cannot recover the costs of redecorating a living room after an upholsterer has covered his sofa in the wrong fabric.

REASONING:

Damages for breach of contract are intended to place the injured party in the same position he would have been if the contract had been performed. St. Joseph Hospital v. Corbetta Construction (1974), 21 Ill. App.3d 925. In contracts for goods or services, the measure of damages is the cost of remedying the problem; therefore, Kalal's damages would be equal to the cost of reupholstering the sofa in the proper fabric and compensation for the loss of the use of the sofa. Kalal, 368 N.E.2d at 674.