lost profits are only recoverable when “(1) they 15 are within the contemplation of the parties at the time the contract was made, (2) they are the 16 proximate result of defendant’s breach, and (3) they are proven with reasonable certainty”
How later courts described this case
- lost profits are only recoverable when “(1) they 15 are within the contemplation of the parties at the time the contract was made, (2) they are the 16 proximate result of defendant’s breach, and (3) they are proven with reasonable certainty”
- “[D]amages which are remote and speculative cannot be recovered.”
Written by the judges who cited it.
The opinion
Per Curiam.
Upon a rehearing en banc, a majority of the court adheres to the departmental opinion filed herein, with the following modification: The total judgment awarded in the departmental opinion was $1,528,865.55. Included in this total award were two inadvertent arithmetical errors, (1) $231,649.55, a loss item in the Jack Davis transaction which was not approved by the court, and (2) $17,517.50 for breach of paragraph 13A which was a duplication of a loss item previously included.
The total amount of the judgment to be entered by the trial court is hereby reduced to $1,279,698.50. In all other respects, the departmental opinion is affirmed.
A new trial is granted, limited to the issue of loss of profits only, unless the respondents, within 20 days after *22 remittitur, accept the reduction in the amount of the award, as directed herein and in the departmental opinion.
In accordance with Rule on Appeal 55(b) (1), respondents will recover costs.
The remittitur shall be transmitted to the trial court forthwith.