Lininger v. Dine Out Corp.

OPINION

HATHAWAY, Chief Judge.

The defendant in this breach-of-contract action appeals from the imposition of sanctions for pretrial practice and from the judgment awarding plaintiff $4,298.58 for loss of profits. We see no error and affirm.

Plaintiff is the operator of the Lodge on the Desert restaurant in Tucson. He contracted with the defendant to participate in a program in which the defendant sells coupon booklets entitling purchasers to two meals for the price of one at participating establishments. The program had been a success for the plaintiff before, so he signed a new contract. He…