even in case of new business venture, where evidence available to furnish reasonably certain factual basis for computation of probable losses, recovery of lost profits cannot be denied
How later courts described this case
- even in case of new business venture, where evidence available to furnish reasonably certain factual basis for computation of probable losses, recovery of lost profits cannot be denied
- “In order for goods to be merchantable under section 2-314, they must be at least such as are fit for the ordinary purpose for which such goods are used. Under this implied warranty, no reliance upon the seller need be shown”
- increased profits earned after *655 faulty pizza oven replaced indicative of profits lost as result of defendant’s breach of warranty of merchantability
- increased profits earned after faulty pizza oven replaced indicative of profits lost as result of defendant's breach of warranty of merchantability
Written by the judges who cited it.
The opinion
Boslaugh, J.,
dissenting in part.
I dissent from that part of the opinion which directs that a remittitur be filed. A remittitur should be ordered only where the amount of the recovery which was excessive is subject to exact determination. See Lundt v. Parsons Constr. Co., 181 Neb. 609 , 150 N. W. 2d 108 .
White, C.J., and Clinton, J., join in this dissent.