What is the test for a plaintiff's claim that under section 3307 of the California Civil Code the wrong measure of damages was invoked?

California, United States of America


The following excerpt is from Pasteur Realty Corp. v. La Fleur, 154 Cal.App.2d 5, 315 P.2d 374 (Cal. App. 1957):

The decision of Royer v. Carter, supra, 37 Cal.2d at page 550, 233 P.2d 539, completely answers plaintiff's claim that under section 3307 of the Civil Code the wrong measure of damages was invoked. It there states, 37 Cal.2d at page 550, 233 P.2d at page 543, that 'When such additional expenses are the natural consequence of the breach, they may be recovered in addition to those provided for in section 3307.'

Judgment affirmed.

MUSSELL, J., concurs.

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