DESIGNER HOMES, INC. v. GOT-A-FLO, INC.


43 A.D.2d 716 (1973)

Designer Homes, Inc., Appellant, v. Got-A-Flo, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 17, 1973


Judgment reversed, on the law and the facts, and new trial granted solely as to defendant's damages, with costs to abide the event.

In our opinion, the trial court correctly found that there had been a breach of contract by plaintiff. The award of damages to defendant was based on testimony in behalf of defendant that its anticipated profits would have been at least 15% of the contract price. Such evidence was speculative. While damages need not be calculated with...

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