Self-described "sports nut" gary baker signed up for a three-year club-seat "package" that entitled him and a companion to tickets for 41 boston bruin hockey games and 41 boston celtic basketball games at the new boston garden corporation’s fleet center for approximately $18,000 per year. after one year, baker stopped paying for the tickets thinking that he would simply lose his $5,000 security deposit. new boston sued baker for breach of contract, seeking the balance due on the tickets of $34,866. at trial, baker argued to the jury that although he had breached his contract, new boston had an obligation to mitigate damages, for example, by treating his empty seats and those of others in the same situation as "rush seats" shortly before game time and selling them at a discount. new boston argued that just as a used luxury car cannot be returned for a refund, a season ticket cannot be canceled without consequences. decide.