Kaplan v. Blitzblau

Appeal from a judgment entered on a decision rendered after trial in Supreme Court, Schenectady County. Plaintiff has had judgment for $15,000 damages for breach of defendant’s contract with him to sell real property, stock and fixtures and a wholesale tobacco and confectionary business. Proof of the defendant’s breach of contract is very strong in the record, but the damages awarded to plaintiff are based on the profits which plaintiff would have made in a two-year period had the purchase and sale gone through and had plaintiff thereafter operated the business profitably. This, in turn, is…