stating that damages should be reduced by “the extent that the breach itself made [the plaintiffs property] more valuable to the plaintiff,” but that damages should not be reduced by “increases in the value of [the plaintiffs property] that either resulted from the performance of the contract or occurred after the breach but not because of it”
How later courts described this case
- stating that damages should be reduced by “the extent that the breach itself made [the plaintiffs property] more valuable to the plaintiff,” but that damages should not be reduced by “increases in the value of [the plaintiffs property] that either resulted from the performance of the contract or occurred after the breach but not because of it”
- discounting the portion of anticipated profits that would have arisen after the date of judgment
- awarding damages for breach of contract discounted to the date of judgment
- discounting anticipated profits to the date of judgment
Written by the judges who cited it.
The opinion
DAVIS, Judge,
concurring:
If the issue were open, I tend to think that plaintiff might well not recover the full measure of anticipated profits for the period after the contract was terminated by Secretary Morton or Under Secretary Russell — if either of those terminations were held to be valid. But the issue of the validity of those terminations has not been litigated or conceded in this case, and the court’s opinion of 1975, reported at 207 Ct. Cl. 862 , 524 F.2d 707 , seems to me to have rejected this possible defense and to have removed the terminations entirely from this case. Because I am bound under the doctrine of the law of the case by that decision of the court — which I do not regard as clearly erroneous or manifestly unjust — I now join in the Chief Judge’s opinion and in the result.