dissenting.
Ardith Akers and her husband, Harold Akers, leased a safety deposit box from The Parke State Bank. The contract, the details of which were specified on the bank’s printed form, provided that The Parke State Bank would grant access to the safety deposit box only to Harold or Ardith, or to someone so designated in a writing that Ardith and Harold both had signed.
It is undisputed that The Parke State Bank wrongfully allowed Harold’s daughter access to the safety deposit box. When Harold inquired how his daughter could access the safety deposit box, the president of the bank told Harold that the bank would allow her to access the lock box with Harold’s written authorization. The bank so informed Harold, and subsequently granted his daughter access to the lock box, despite the fact that both the bank and Harold knew from the contract language that, in the absence of Ardith’s consent, such access violated the lease agreement. It is uncontroverted that The Parke State Bank breached its agreement with Ardith, and the evidence reveals that the breach resulted from more than simple oversight on the part of the bank.
It is a fundamental principle of contract law that a party who suffers a breach of a valid contract is entitled to the benefit of the bargain and is awarded damages that will place her in a position equal to, but not better than, the position in which she would have been had the breach not occurred. See Showalter, Inc. v. Smith (1994), Ind.App., 629 N.E.2d 272, trans. denied; Pierce v. Drees (1993), Ind.App., 607 N.E.2d 726; Fowler v. Campbell (1993), Ind.App., 612 N.E.2d 596; Captain & Co., Inc. v. Stenberg (1987), Ind.App., 505 N.E.2d 88, reh’g denied, trans. denied. Had The Parke State Bank not breached its agreement with Ardith, Harold’s daughter would not have gained access to the safety deposit box and would not have removed the certificates of deposit. The evidence demonstrates that, had the unauthorized access been denied, the certificates of deposit would have been present in the safety deposit box at the time of Harold’s death. But for the breach, Ardith now would have possession of the certificates of deposit and the funds they represent.
The clearly erroneous standard limits our review to whether the evidence supports the trial court’s findings, and whether the findings support the judgment. W & W Equip. Co., Inc. v. Mink (1991), Ind.App., 568 N.E.2d 564, trans. denied. The parties do not dispute the trial court’s finding that the bank breached the lease agreement. The evidence demonstrates that, as a direct consequence of the breach, Ardith was denied the certificates of deposit and the funds they represent. The evidence supports the trial court’s findings and the findings support the trial court’s conclusion. The judgment is not clearly erroneous, and I would therefore affirm.