Evergreen Amusement Corp. v. Milstead
Court of Appeals of Maryland
112 A.2d 901 (1955)
Relevant factsFree
Harold Milstead (plaintiff), a contractor, contracted with Evergreen Amusement Corp. (defendant) to clear and grade land for a planned drive-in movie theater. Milstead's delayed performance pushed the theater's opening back by more than two months. Milstead sued Evergreen for the unpaid balance on his work; Evergreen counterclaimed for the profits it lost from the delayed opening. The trial court refused to let Evergreen present witness testimony about its anticipated lost profits and found Evergreen liable for the value of Milstead's services.
IssueFree
Whether lost profits of a business that had not yet begun operating are recoverable as damages, or are instead too speculative to support an award.