American Const. Co. v. Davis
Court of Appeals of Texas
■Appeal from District Court, Travis County, Geo. Calhoun, Judge. Action by W. B. Davis against the American Construction Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtJenkins, J.
This is a companion .case to American Construction Co. v. C. D. Caswell, 141 S. W. 1013, this day decided by this court. On the authority of that case, and the authorities therein cited, we hold as follows:
1. [1] Lost profits, proximately caused by wrongful acts, when capable of reasonable ascertainment, is a proper element of damage.
2. [2] Alleged profits, which are merely conjectural, and incapable of being ascertained with any reasonable degree of certainty, do not afford a proper basis for the recovery of damages. This does not mean that in order to recover for such profits they must be…
2Cases cited1 opinion
- American Const. Co. v. CaswellCourt of Appeals of Texas · 1911
3Cited by20 opinions
- Atomic Fuel Extraction Corporation v. Slick's EstateCourt of Appeals of Texas · 1964
- Texas & Pacific Railway Co. v. MercerTexas Supreme Court · 1936
- Hindman v. Texas Lime CompanyTexas Supreme Court · 1957
- Gulf Coast Investment Corporation v. RothmanTexas Supreme Court · 1974
- L-M-S Inc. v. BlackwellTexas Supreme Court · 1950
15 more not listed; retrieve them via the Exa API.