White v. Goodman

Citations

• 78 Pa. Super. 254
• 1922 Pa. Super. LEXIS 98

Syllabus

<p>Contracts — Breach of contracts — Loss of profits.</p> <p>In an action for breach of contract there is no legal obstacle to the recovery of damages for lost profits.</p> <p>Profits are not excluded from recovery, because they are profits; but when excluded it is on the ground that there is no satisfactory standard by which to estimate the amount, with the certainty on which the adjudications of courts and findings of juries should be based. Profits which are the direct and immediate fruits of the contract entered into between the parties are part and parcel of the contract itself, and must be accepted as within the contemplation of the parties at the time of the execution thereof. If it reasonably appears that profits would have been made and the terms of the contract been observed, and that their loss necessarily followed its breach they may be recovered as damages if the evidence is'sufficiently certain and definite to warrant the jury in estimating their extent.</p> <p>Practice, Superior Court — Appeals—Divided court — Affirmance of lower court.</p> <p>Where the appellate court is equally divided in opinion the judgment of the lower court will be affirmed.</p>