Drews Co. v. Ledwith-Wolfe Associates, Inc.
South Carolina Supreme Court
371 S.E.2d 532 (S.C. 1988)
Drews (plaintiff) contracted to renovate a building for Ledwith-Wolfe (defendant), which intended to open a restaurant there; the parties fell into disputes, and Drews eventually stopped performing. Drews sued for breach, and Ledwith counterclaimed for lost profits caused by the resulting construction delays, offering as proof the restaurant's actual gross profits in the months after construction was finally completed, plus its owner's testimony that he "would expect at least a third" of that gross figure to be net profit. The trial court found both parties partly right on their contract claims and awarded Ledwith $14,000 in lost profits; Drews appealed that award.
Whether lost profits are recoverable for breach of contract when they are not established with reasonable certainty.