Whitehead v. Syndicate

Citations

• 111 Va. 193
• 68 S.E. 263
• 1910 Va. LEXIS 24

Syllabus

<p>1. Damages—Estimated Profits—'When Recoverable.—A plaintiff will not ordinarily be allowed to recover estimated profits or gains, for it is generally conjectural whether there will be any. Profits, are not excluded from recovery because they are profits, but when excluded, it is because there are no criteria by which their amount can be ascertained ’ with reasonable certainty or definiteness. When profits or gains can be so proved, and their loss is the proximate result of the wrongful act complained of, they may be recovered.</p> <p>2. Damages—Estimated Profits—Pound Pishing—New Business.— Pound fishing in which a party has been engaged only one month is a new business, and the profits to be derived therefrom depend not only upon the future bargains and states of the market, but upon other contingencies, such as the run of the fish and the kind and quantity caught. Such profits are dependent upon too many contingencies and are too uncertain to furnish a safe guide in fixing the measure of damages for an injury to, or destruction of, such business, and hence cannot be recovered.</p> <p>3. Appeal and Eeeob—Eemurrer to Evidence—Reversal in Part.— Where a demurrer to evidence was wholly sustained by the trial court, and the jury found a gross sum for damages, but, on writ of error,- this court is of opinion that the demurrer should have been overruled as to certain items of account, the amount and value of which are readily ascertainable from the record, it will enter up final judgment for the demurree for the value of such items.</p>