LUCE v. MAINE FIDELITY LIFE INSURANCE COMPANY


323 A.2d 589 (1974)

William L. LUCE and Frederick J. Mahoney, Jr. v. MAINE FIDELITY LIFE INSURANCE COMPANY.

Supreme Judicial Court of Maine.

August 2, 1974.


Attorney(s) appearing for the Case

Bernstein, Shur, Sawyer & Nelson by Sumner T. Bernstein, William W. Willard, Portland, for plaintiffs.

Kenneth Baird, Pierce, Atwood, Scribner, Allen & McKusick by Ralph I. Lancaster, Jr., Daniel E. Boxer, Portland, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, ARCHIBALD and DELAHANTY, JJ.


POMEROY, Justice.

In calculating damages for breach of an agreement to lease several rooms designed to be used in conjunction with each other, is it an error of law to base the award on an appraisal of fair rental value arrived at by adding the estimated rental value of each room when rented separately?

The issue before us on defendant-lessee's appeal from a judgment entered against it in Superior Court may be so stated.

We sustain the appeal.

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