Realty Acceptance Corp. v. Montgomery

WOOLLEY, Circuit Judge.

Montgomery sued the Realty Acceptance Corporation for breach of a contract of employment. One of the issues tried was whether certain speculative profits and certain moneys in the nature of salary received by Montgomery when serving another person during the balance of the contract term could be considered in mitigation of damages. The court ruled that only the latter could be so considered and thereupon dedticted from the claim a relatively small sum of moneys earned.

The plaintiff had a judgment which on the defendant’s appeal this court affirmed. Realty Acceptance…