McGinnis v. Hardgrove
Missouri Court of Appeals
Appeal from Oregon Circuit Court. — lio». W. N. Evans, Judge. (1) The general rule as to the recovery of anticipated profits in a commercial business is that they are too remote, speculative and too dependent upon changing circumstances to warrant a judgment for their recovery. They may be recovered only when they are made reasonably certain by proof of actual fact which present data for a rational estimate of their amount.
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Appeal from Oregon Circuit Court. — lio». W. N. Evans, Judge. (1) The general rule as to the recovery of anticipated profits in a commercial business is that they are too remote, speculative and too dependent upon changing circumstances to warrant a judgment for their recovery. They may be recovered only when they are made reasonably certain by proof of actual fact which present data for a rational estimate of their amount. A well-recognized exception to the general rule is that the loss of profits from the interruption of an established business may be recovered; but it is held in these…
1Opinion of the CourtNixon, P. J.
This is an action for breach of contract in which it is claimed that the plaintiff was damaged by the defendant setting up a competitive livery business in the town of Alton, Mo. Plaintiff obtained judgment for $500' -and defendant has appealed.
The evidence tended to show that plaintiff bought the livery business of the defendant and his partner and had an understanding with them that they would not again engage in said business in the'town of Alton as long as plaintiff remained in said business in that town, but that shortly afterwards defendant again started in the livery business in said…
2Cases cited7 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Brown v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Ashenbroedel Club v. FinlayMissouri Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- MIDLANDS TRANSPORTATION COMPANY v. Apple Lines, Inc.Nebraska Supreme Court · 1972
- McNutt Oil & Refining Company v. D'ASCOLIArizona Supreme Court · 1955
- Burch v. Union Life Insurance CompanyMissouri Court of Appeals · 1959
- Armstrong v. Isbell (In Re Isbell)United States Bankruptcy Court, W.D. Wisconsin · 1983
- Berry Foundry Co. v. International Moulders UnionMissouri Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.