Evergreen Amusement Corp. v. Milstead

The Evergreen Amusement Corporation, the appellant, operator of a drive-in movie theater, was held liable by the court, sitting without a jury, to Harold D. Milstead, the appellee, a contractor, for the balance due on a writ ten contract for the clearing and grading of the site of' the theater and certain extras, less the cost of completing a part of the work and damages for delay in completion, based on rental value of the theater property during the period of delay and out-of-pocket costs for that time.

The appellant, by counter-claim, sought recovery of lost profits for the period of delay.…