GOUGER & VENO, INC. v. DIAMONDHEAD CORP.

No. 7620SC8.

224 S.E.2d 278 (1976)

29 N.C. App. 366

GOUGER & VENO, INC. v. DIAMONDHEAD CORPORATION.

Court of Appeals of North Carolina.

May 5, 1976.


Attorney(s) appearing for the Case

Seawell, Pollock, Fullenwider, Van Camp & Robbins, P. A., by P. Wayne Robbins, Southern Pines, for plaintiff-appellant.

Boyette & Boyette, by M. G. Boyette, Jr., Carthage, for defendant-appellee.


BRITT, Judge.

By its sole assignment of error, plaintiff contends the court erred in not instructing the jury on, and submitting the issue as to, actual damages. We find no merit in the contention.

The specific question presented is whether plaintiff introduced sufficient evidence to sustain its claim for loss of profits. Plaintiff argues, and we agree, that prospective profits, "prevented or interrupted by breach of contract, are properly the subject of recovery...

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