SCOBELL INC. v. SCHADE


455 Pa.Super. 414 (1997)

688 A.2d 715

SCOBELL INC., Appellee, v. Fred H. SCHADE Sr., Appellant (at 433). SCOBELL INC., Appellant (at 471), v. Fred H. SCHADE Sr., Appellee.

Superior Court of Pennsylvania.

Filed January 28, 1997.


Attorney(s) appearing for the Case

Eugene J. Brew, Jr., Erie, for Schade.

Frank L. Kroto, Jr., Erie, for Scobell.

Before KELLY, JOHNSON and OLSZEWSKI, JJ.


KELLY, Judge.

In this consolidated appeal, we are asked to determine whether the record evidence supports an award of damages for lost profits which must be ascertained with reasonable certainty upon a former employee's breach of a covenant not to compete. We hold that in this case the evidence does not support a portion of the damages awarded by the trial court. Accordingly, we affirm in part and modify in part.

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