Chung v. Kaonohi Center Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that lost business profits may be awarded in a breach of contract action
• holding that the admission of testimony was cured by the trial court’s instruction where “there was not a series of improper statements throughout the trial, nor was the improper testimony allowed to stand, thereby permitting emotional and irrelevant testimony to influence the jury”
• rejecting per se nonrecoverability version of new business rule in favor of \reasonable certainty\ evidentiary standard; lost profits award upheld for breach of contract to lease space for new restaurant
• rejecting per se nonrecoverability version of new business rule in favor of “reasonable certainty” evidentiary standard; lost profits award upheld for breach of contract to lease space for new restaurant
• upholding lost profits award in breach of contract action where plaintiff presented expert testimony of real estate and business appraiser that projected failed fast-food restaurant’s revenues on basis of similar existing business
• proper to base future profit calculation on experience of third party conducting virtually identical business at same location

Source: CourtListener parenthetical corpus (CC0).