Crestwood Park, Inc. v. Apostal

I dissent.

I disagree with the majority’s characterization of the evidence in this case as being too speculative to support the award of the trial court. The plaintiff-appellee, Joseph Apostal, owner of the subdivision lots in question and an experienced residential subdivision developer, testified that at the time of the breach his seven lots each had a value of $1,000. Further, with the added improvements (prevented by Crestwood’s breach of contract), Apostal opined each lot had a sale value of $3,600. He estimated his lost net profit per lot, after improvement costs, at $1,800, thus…