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Harris v. Metropolitan Mall

Wisconsin Supreme Court (1983) | 334 N.W.2d 519; 112 Wis. 2d 487; 1983 Wisc. LEXIS 2902

4 min read

TL;DR: After a seller-lessee breached a sale-leaseback agreement, the buyer sued. The court held that the buyer could elect the remedy of restitution to recover his full investment, rather than just expectation damages, and that the individual guarantors were liable for this entire amount.

Legal Significance: This case establishes that restitution is an available remedy for a total breach of an integrated contract, even without formal rescission. It allows the non-breaching party to recover their investment, which may exceed what expectation or reliance damages would provide, especially in a losing contract.