# Mark Keshishian & Sons, Inc. v. Washington Square, Inc.

> District of Columbia Court of Appeals · April 24, 1980 · 414 A.2d 834

URL: https://www.frixlaw.com/law-library/cases/9648856

## Case

- **Full name:** MARK KESHISHIAN & SONS, INC., Et Al., Appellants, v. WASHINGTON SQUARE, INC., Appellee
- **Court:** District of Columbia Court of Appeals
- **Decided:** April 24, 1980
- **Citations:** 414 A.2d 834; 1980 D.C. App. LEXIS 286
- **Precedential status:** Published
- **Opinion:** Concurrence by Pryor
- **Judges:** Kelly, Gallagher and Pryor, Associate Judges
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9648856

## Opinion text

PRYOR, Associate Judge,
concurring:
I concur in the affirmance of the judgment for appellee.
I have some concern with respect to the measure of damages. The jury found ap-pellee was a leaseholder whose right of first refusal to purchase was breached. The instruction given, and approved here, is that damages should be measured by “the fair market value of the property at the time of the loss.” Thus the jury was asked to measure the leasehold interest as a property right.
Under the circumstances of this case, there being no alternative instruction offered by counsel for appellants at trial, we have found no error.
I would note that this may not be the only way to measure the harm. It is conceivable, to me at least, that the jury could be instructed that where a right of first refusal to purchase is denied, the holder of the right may recover reasonable compensation for injuries which are shown to be the foreseeable result of the breach. See Schoonover v. Kahn, 377 S.W.2d 535, 539 (Mo.App.1965). Restatement of Contracts § 330 (1932).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9648856. Public record. Not legal advice.