WXIX, Inc. v. Scott Heating & Air Conditioning Co.

There is no doubt that the defendant breached the contract. The whole question involves determining station WXIX’s damage. The particular issues raised on this appeal are:

*2801. Are damages upon the termination of a television advertising contract to be computed on a short-rate basis according to a television station’s rate card where the contract condition referring to such card is hardly legible?

2. If not, how are such damages to be computed?

3. Was there evidence to support the trial court’s finding that the plaintiff incurred production costs of $77 to be charged to defendant?

We recognize the…