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McMANUS v. MIDLAND VALLEY LUMBER COMPANY

No. 9937.

348 F.2d 898 (1965)

James McMANUS, Appellee, v. MIDLAND VALLEY LUMBER COMPANY, a corporation, Appellant.

United States Court of Appeals Fourth Circuit.

Decided July 14, 1965.

Attorney(s) appearing for the Case

Nathaniel L. Barnwell, Charleston, S. C., and Sidney B. Jones, Jr., Summerville, S. C. (Ben Scott Whaley, Charleston, S. C., and Legare Walker, Jr., and Walker, Walker & Jenkins, Summerville, S. C., and Barnwell, Whaley, Stevenson & Patterson, Charleston, S. C., on brief), for appellant.

J. D. Parler, St. George, S. C. (Thomas O. Berry, Jr., St. George, S. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges.

PER CURIAM:

In this action for breach of contract, the defendant complains on appeal that the evidence as to the damages was so speculative as to preclude an award. We find no merit in the contention.

The defendant had contracted to sell to the plaintiff some 300,000 board feet of logs for which it had no further use after its plant was destroyed by fire. After a few days during which the plaintiff removed some logs and delivered them pursuant to sales made...

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