Nohcra Communications, Inc. v. Am Communications, Inc.

I dissent from parts I., II.A., and III. because the majority has misconstrued Pennsylvania law,1 but I join with the majority in holding that Nohcra is not entitled to future damages even if AM had breached its contract.

The contract at issue in this case primarily involved digging simple trenches through lawns, laying television cable in them, and then restoring the lawns to their original condition. There is nothing “sophisticated” or complicated about digging and filling these trenches, as portrayed by the majority; rather, the trenches merely required the ordinary, physical energy of day…