Di Palma v. Weinman

Citations

• 16 N.M. 302
• 121 P. 38

Syllabus

<p>SYLLABUS- (BY THE COURT).</p> <p>1. Plaintiffs, lessees -of defendant Weinman, were com pel-led, by the toirtuous acts of defendant, to abandon Weinman’s building in which, they were carrying on a retail drug trade, and for the remainder of -the term of their lease continued- their business in less- desirable locations! They proved a loss in average daily, weekly and monthly sales, that their percentage of profits- was 40% in gross sales and the monthly expenses of carrying on the business- in -each place. Held, that where damages are claimed for loss of sales of goods, it was not necessary for claimants to introduce evidence as' to (a) the amount of, stock they carried, (b) the accounts of the individual partners, (c) the amount of capital invested-, or (d) to produce books- from which a bookkeeper could ascertain the percentage of profits realized from the business.</p> <p>2. The plaintiffs were damaged- by being deprived of an opportunity to sell goods, their loss was the net profits they would have made on such sales: Held, it was immaterial whether plaintiff’s business was on the whole profitable o? unprofitable.</p> <p>3. One of the plaintiffs testified that he had- been a pharmacist for thirty-five years, for -over thirty years had been engaged .in that profession in Albuquerque and that plaintiffs- had been in the retail drug business for sixteen years and that -he knew how much gross- profits- plaintiffs made on the goods- they sold: Held, that the witness was competent to testify what the gross profits of the business were.</p> <p>4. One of the plaintiffs testified, as to the monthly expenses- of the business-, that they kept no account of the expenses-, but that he could state the same from memory: Held, that in the absence of any record of the items of expense, the witness was competent to slate from memory the expenses of the business.</p> <p>5. Plaintiffs introduced in evidence a cash book containing an account of their monthly cash receipts during