Bromley v. Heffernan Engine Works

Citations

• 108 Wash. 31
• 182 P. 929

Syllabus

<p>Damages (15)—Breach of Contract—Prospective Profits. Pros^ pective profits which a builder would have made upon a building contract are not speculative and therefore may be recovered if proven with reasonable certainty.</p> <p>Damages (118)—Building Contracts—Prospective Profits—Evidence. Prospective profits upon a building contract, breached by the owner, are sufficiently proven where it appears that the parties contemplated a profit of 10%, and expert witnesses testified that, considering the plans, cost of labor and material, and local conditions, a profit of 10% would have been made.</p> <p>Appeal (448, 449)—Review—Harmless Error. Error in the form of a question permitting experts to state the amount of prospective profits is not prejudicial where it appears that they estimated the profits at the difference between the contract price and what it would cost to perform the contract.</p>