Whitmier & Ferris Co. v. Buffalo Structural Steel Corp.

Moule, J. (dissenting).

The principal question presented on this appeal is whether a tenant, although not in possession, may recover lost profits for the breach of a lease agreement.

Plaintiff is engaged in the outdoor advertising business in western New York. It leases or purchases real property, erects billboards upon the property, and then leases the billboards to advertisers. In January, 1969, plaintiff and defendant Buffalo Structural Steel Corp. (BSS) entered into a three-year lease permitting plaintiff to erect a billboard upon BSS’s property adjacent to the Scajaquada Expressway in the…