Leslie E. Brooks Co. v. Long

Citations

• 67 Fla. 68
• 64 So. 452

Syllabus

<p>Landlord and Tenant — Damages Where Lessor Fails to Deliver Possession to Lessee — Remote and Speculative Profits in Prospective Business not Allowed— Offers for Property, Either to Rent or to Buy is not Proof of its Value and Should not be Introduced as Evidence.</p> <p>1. The general rule Is that the lessee can recover from the lessor for breach of a contract to deliver possession of the leased premises the difference, if any, between the rent contracted to be paid and the actual rental value of the premises. Prospective profits from the business that the lessee expected to conduct in said premises are too remote and speculative, dependent upon too many contingencies to be permissible as an admeasurement of damages in such cases.</p> <p>2. In proving the value of property, it is improper to admit testimony of an alleged offer of a particular price for the property, as tending to show its value. This is a kind of proof that could be so easily manufactured that its admission would be too dangerous to be tolerated. Neither a party who has made an offer for the land, nor the owner should be permitted to testify to the same for the purpose of proving value.</p>