Can a court award damages for breach of a joint venture agreement for declaratory relief?

California, United States of America


The following excerpt is from Macmorris Sales Corp. v. Kozak, 263 Cal.App.2d 430, 69 Cal.Rptr. 719 (Cal. App. 1968):

An award of damages for breach of a joint venture agreement under a cause of action for declaratory relief, would not be erroneous if there were proper evidence and findings to support the judgment. In a memorandum of law submitted to the trial court, appellant argued that the court might award monetary damages under the declaratory relief allegation to either side, 'regardless of whether pleaded or not, if the damages are part of the declaration of rights.' (MacIsaac v. Pozzo, 26 Cal.2d 809, 161 P.2d 449.)

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