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Hollywood Fantasy Corporation v. Gabor

United States Court of Appeals for the Fifth Circuit

151 F.3d 203 (1998)

Relevant factsFree

Hollywood Fantasy Corporation (plaintiff), which had previously run one money-losing fantasy vacation package, contracted with Zsa Zsa Gabor (defendant) to appear in a new Texas package, but Gabor cancelled without the contractually permitted excuse of a film opportunity, prompting Hollywood to cancel the event and eventually shut down. Hollywood sued for breach of contract and fraud, seeking $250,000 in lost vacation-package profits, $1,000,000 in lost profits from a hoped-for television series, $200,000 in lost company investments, and $57,500 in actual expenses tied to the Texas event; the jury awarded $100,000 for breach (and separately for fraud, later set aside for insufficient evidence), and Gabor appealed the breach award.

IssueFree

Whether, under Texas law, damages for breach of contract may be based on unsupported claims of lost future profits.

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