McNeill v. Bredberg

In McNeill v. Bredberg (1961) 192 Cal. App. 2d 458, the defrauded plaintiff sought to recover the costs incurred in repairing a drainage system, a retaining wall, and a house. The trial court awarded the plaintiff those costs on the apparent theory that they came within the purview of additional or consequential damages. ( McNeil v. Bredberg, supra, 192 Cal. App. 2d at pp. 468-469.) On appeal, the court held that "the repairs and construction have not been lost or rendered fruitless, but the repairs and construction constitute improvements of the property. Under the judgment herein, plaintiffs would receive the benefits of such improvements." ( Id., at p. 469.) Simply put, the court held that the cost of repairing the property is not the measure of damage and therefore the plaintiffs were not entitled to recover those costs. (Ibid.)