Opinion

Fredonia Broadcasting Corporation, Inc. v. Rca Corporation

  • 481 F.2d 781
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 2, 1973
Status
Published
Author
Gewin
On the bench
Wisdom, Gewin, Coleman
Cited by
84 cases

Overruled on other grounds by Eugenio Riquelme Valdes, Inmobiliaria Kan Kun, S.A. v. Leisure Resource Group, Inc., Capitol Savings & Loan Association and United Service Corporation, 810 F.2d 1345 (1987)

stating "the well-established rule that prospective profits from a new enterprise which has no history of profits are too remote and speculative to be included in compensatory damages" (quoting Southwest Bank & Trust Co. v. Executive Sportsman Ass'n, 477 S.W.2d 920, 929 (Tex.Civ.App.--Dallas 1972, writ ref'd n.r.e.))

How later courts described this case

  • stating "the well-established rule that prospective profits from a new enterprise which has no history of profits are too remote and speculative to be included in compensatory damages" (quoting Southwest Bank & Trust Co. v. Executive Sportsman Ass'n, 477 S.W.2d 920, 929 (Tex.Civ.App.--Dallas 1972, writ ref'd n.r.e.))
  • stating that if party fails to object to omission of question from special verdict form, it waives jury trial on that issue
  • recognizing under Texas law seller's ability to "limit the buyer's warranty to repair and replacement and thus limit liability"
  • “When the aggrieved party” chooses “not to sue for the anticipatory repudiation, . . . the contract remains in existence.”

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Eugenio Riquelme Valdes, Inmobiliaria Kan Kun, S.A. v. Leisure Resource Group, Inc., Capitol Savings & Loan Association and United Service Corporation, 810 F.2d 1345 (1987)

    481 F.2d 781, 801 (5th Cir.1973), overruled on other grounds in Valdes v. Leisure Resource Group, Inc., 810 F.2d 1345, 1350 n. 3 (5th Cir.1987);
    Court of Appeals for the Fifth CircuitMar 27, 1987other groundsmedium confidenceRead it

The opinion

GEWIN, Circuit Judge

(concurring in the result):

I concur in the result reached by my Brother Coleman in this case. In my view the district court committed errors with respect to its rulings and jury instructions as to the issues of liability and damages. Accordingly it is necessary for us to reverse the judgment and to remand the case for a new trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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