Warner v. McLay
Supreme Court of Errors, Connecticut
103 A. 113 (1918)
Relevant factsFree
After McLay (defendant) breached a building contract by refusing to perform, Warner (plaintiff) sued for his expenditures and lost profits; the trial court instructed the jury that Warner was entitled to lost profits and, because McLay presented no contrary evidence, that the jury had to accept Warner's evidence on the amount, without further explaining how profits should be defined or calculated. The jury found for Warner, and McLay appealed.
IssueFree
Whether, upon breach, an injured party is entitled to recover the profits he would have realized had the contract been fully performed.