Oliver v. Campbell

Citation

43 Cal. 2d 298 (1954)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

When a contract has been substantially performed and the breach occurs near completion, the breaching party may not recover in quasi-contract for the value of services rendered in excess of the contract price; the contract rate governs.

Significance

Limits restitution recovery to contract price when performance is nearly complete; distinguished from cases of total breach at outset.

Courses