Lexington Products Limited v. B. D. Communications, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
LUMBARD, Circuit Judge:
In this diversity suit for breach of contract, plaintiff Lexington Products Limited (“Lexington”) appeals from an award of one dollar in nominal damages against B.D. Communications, Inc. (“B.D.”) by Judge Owen, Southern District of New York, entered July 17,1981 after a two day non-jury trial. Judge Owen found that the damage suffered by Lexington was too speculative, and thus limited its recovery to nominal damages. We disagree. As we find evidence in the record from which substantial damages may be computed with reasonable certainty, we vacate the judgment below and…
2Cases cited6 opinions
- Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Contemporary Mission, Inc., Plaintiff-Appellee-Cross-Appellant v. Famous Music Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1977
- Freund v. Washington Square Press, Inc.New York Court of Appeals · 1974
- Perma Research & Development v. The Singer CompanyCourt of Appeals for the Second Circuit · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
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- Newmont Mines Limited and Esso Resources Canada Limited v. Hanover Insurance Company & Utica Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1986
- Care Travel Company, Ltd. v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1991
- Socorro Cruz v. Local Union Number 3 Of The International Brotherhood Of Electrical WorkersCourt of Appeals for the Second Circuit · 1994
- Ostano Commerzanstalt and Dr. Herbert Jovy v. Telewide Systems, Inc. And Bernard L. SchubertCourt of Appeals for the Second Circuit · 1986
25 more not listed; retrieve them via the Exa API.