Calumet Motor Sales of Hammond, Inc. v. M. F. Cooper Builders, Inc.

(Concurring Opinion.)

Wickens, P. J.

— While I concur completely with the majority opinion, there is a facet of this case which calls for additional consideration.

Appellant avers there “was a total failure of proof in the trial court on the question of damages apart from the $200.00 deposit.” In effect, he says there was nothing to show that appellee was damaged by the breach of the contract.

This poses the problem of determining what proof is required to establish damage by breach of the particular contract involved here.

*629The contract in question is not the same as an agreement of outright…