Levy, Brother & Co. v. Allen

Where a lessee is unlawfully evicted by a lessor, the general rule is that the measure of damages, either in an action ex contractu or an action ex delicto, is the difference between the market value of the unexpired term and the agreed rental. Where, however, for any reason the tenancy has no market value, as where the lease is not assignable, its actual value to the tenant may be proved and recovered. In a suit ex delicto, in ascertaining such actual value, while loss of profits can not be recovered as such, evidence as to such profits may be shown in order to throw light on the value of…