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· 2/19/1982

Petrie-Clemons v. Butterfield

Citations

  • 122 N.H. 120
  • 441 A.2d 1167
  • 1982 N.H. LEXIS 298

How courts have described this case

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

  • holding that, where plaintiffs sought restitution for improvements made to premises leased from defendants, the “appropriate basis for determining the amount of the defendant’s benefit is the difference between the market value of the realty before and after the improvements”
  • affirming consequential damages award of lost profits where trier of fact could have 50 reasonably found that plaintiffs’ lost profits “followed naturally” from defendant’s breach of leasing agreement requiring plaintiffs’ business to vacate four months before end of lease
  • “We will uphold an award of damages for lost profits if sufficient data existed indicating that profits were reasonably certain to result.”
  • lost profits appropriate when plaintiff is an on-going manufacturing entity with a four-year history of profits and an acquired client base
  • “The correct measure of restitution for unjust enrichment is the value of the benefit received by the unjustly enriched party.”
  • “Unjust enrichment may exist when an individual receives a benefit as a result of his wrongful acts, or when he innocently receives a benefit and passively accepts it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bois

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.