# Fredonia Broadcasting Corporation, Inc. v. Rca Corporation

> Court of Appeals for the Fifth Circuit · November 2, 1973 · 481 F.2d 781

URL: https://www.frixlaw.com/law-library/cases/9459658

## Case

- **Full name:** FREDONIA BROADCASTING CORPORATION, INC., Plaintiff-Appellee, v. RCA CORPORATION, Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** November 2, 1973
- **Citations:** 481 F.2d 781
- **Precedential status:** Published
- **Opinion:** Concurrence by Gewin
- **Judges:** Wisdom, Gewin, Coleman
- **Cited by:** 84 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** 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).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9459658

## How later opinions describe it (automated extraction)

- 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.C…
- 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"
- noting that the waiver rule for special verdict forms also applies to general verdict forms

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9459658. Public record. Not legal advice.