Chamberlain v. Parker

277 Mont. 198, 921 P.2d 1237 (Mont. 1996)

  • Chamberlain contracts with Parker to have a painting of himself painted.
  • Parker doesn't finish the painting.
  • The difference in value is $0, since the guy was ugly in the first place.
  • Is there any liability for the painter for just walking away?
  • Court ruled in this case that the painter must complete painting.
  • In this case, the market doesn't reflect the value of the painting to the plaintiff.  In the Jacob & Young vs. Kent case, the market value is the same as the value to the plaintiff.  Market value is a reasonable standard in some cases, but it is not a reasonable standard in other cases.