Cited by

5 For the same reason, Emery v. Caldeonia Sand & Gravel Co., 117 N.H. 441 (1977), is unavailing to the plaintiff.

Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 448, 374 A.2d 929, 933-34 (1977); Murray v. Boston & Maine R. R., 107 N.H. 367, 375, 224 A.2d 66, 72 (1966).

Although Moulton is a tort case and the measure of damages may differ in tort and contract actions, see Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 446-47, 374 A.2d 929, 932-33 (1977), we have applied Moulton when determining the damages covered by a liability insurance policy, see Coakley, 136 N.H. at 412, 618 A.2d at 783.

Smith v. Cote, 128 N.H. 231, 243-44, 513 A.2d 341, 349 (1986); Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 448, 374 A.2d 929, 934 (1977).

to whom another has tortiously caused harm is entitled to compensatory damages for the harm if, but only if, he establishes by proof the extent of the harm and the amount of money representing adequate compensation with as much certainty as the nature of the tort and the circumstances permit.” Restatement (Second) of Torts § 912 (1982) (emphasis added); see Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 447, 374 A.2d 929, *275 933 (1977).

at 538-39, 404 A.2d at 602 (citing Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 448, 374 A.2d 929, 934 (1977)).

The facts of this case indicate that the plaintiff has been stymied in its effort to mitigate damages, see Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 448, 374 A.2d 929, 934 (1977), because the plaintiff could have attempted to sell the inventory had it been returned.

Emery v. Caledonia Sand & Gravel Co., 117 N.H. 441, 447, 374 A.2d 929, 933 (1977).

“In breach of contract cases, the purpose of awarding damages is not merely to restore the plaintiff to his former position, but to give him the benefit of his bargain — to put him in the position he would have been in if the contract had been fulfilled.” M. W. Goodell, supra at 322, 429 A.2d at 330 (citing Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 446, 374 A.2d 929, 933 (1977)).

Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 448, 374 A.2d 929, 934 (1977); see also Restatement (Second) of Torts § 918(2); 22 Am.

at 611, 392 A.2d at 579 (citing Emery v. Caledonia *654 Sand & Gravel Co., 117 N.H. 441, 446, 374 A.2d 929, 932 (1977)); see Salem Engineering and Construction Corporation v. Londonderry School District, 122 N.H. 379, 445 A.2d 1091 (1982).

Petrie-Clemons v. Butterfield, 122 N.H. at 124, 441 A.2d at 1170; Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 446, 374 A.2d 929, 932 (1977).

Co., 118 N.H. 607, 611, 392 A.2d 576, 579 (1978) (quoting Emery v. Caledonia Sand & Gravel Co., 117 N.H. 441, 446, 374 A.2d 929, 932 (1977)); see Zureas v. Smith, 119 N.H. 534, 538, 404 A.2d 599, 601 (1979).

Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 445, 374 A.2d 929, 932 (1977) (quoting 3 Corbin on Contracts § 573, at 357 (1960)); Lefebvre v. Waldstein, 101 N.H. 451, 456, 146 A.2d 270, 275 (1958).

The requirement of reasonable foreseeability may be satisfied in either of two ways: the requirement may be satisfied as a matter of law if the damages follow the breach in the ordinary course of events; or it may be satisfied if the claimant specifically proves that the breaching party “had reason to know the facts and to foresee the injury.” Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 446, 374 A.2d 929, 932 (1977) (quoting Johnson v. Waisman Bros., 93 N.H. 133, 135, 36 A.2d 634, 636

Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 447, 374 A.2d 929, 933 (1977) (quoting C. McCormick, Law of Damages § 137, at 560-61 (1935)).

Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 446, 374 A.2d 929, 933 (1977).

See, e.g., Emory Caledonia Sand and Gravel Co., 117 N.H. 441, 374 A.2d 929 (1977); 22 Am.

Recovery *539 will not be permitted of damages which could have been ‘avoided by reasonable effort without undue risk, expense, or humiliation.’ Restatement [of] Contracts § 336(1) (1932).” Emery v. Caledonia Sand and Gravel Co., 117 N.H. 441, 448, 374 A.2d 929, 934 (1977); see 77 Am.

Because the purpose of damages is to put the injured party as nearly as possible in the same position he would have been had the injury not occurred, Emery v. Caledonia Sand and Gravel Co., Inc., 117 N.H. 441, 446, 374 A.2d 929, 933 (1977); C. McCormick, Damages § 137 (1935), the plaintiff can only be made whole if compensated for that part of his lost production which cannot be offset by the productive output of new trees.

Emery v. Caledonia Sand & Gravel Co., 117 N.H. 441 445, 374 A.2d 929, 932 (1977), quoting 3 A. CORBIN, CONTRACTS § 573, at 357 (1960).

Defendant’s third argument correctly proceeds on the theory that the damages recoverable for breach of a contract are limited to the damages that “the defendant had reason to foresee as a probable result of its breach when the contract was made.” Emery v. Caledonia Sand & Gravel Co., 117 N.H. 441, 446, 374 A.2d 929, 932 (1977).