Emmett S. Hickman Co. v. Emilio Capaldi Developer, Inc.

OPINION

MESSICK, Judge.

This is an action for loss of profits occasioned by defendant’s alleged wrongful termination of a shopping center management agreement prior to its stipulated expiration date. On April 15, 1963, the parties entered into a ten year written management agreement whereby plaintiff was employed “* * * exclusively to rent, lease, operate and manage * * *” certain property upon which defendant was constructing a shopping center. Under the terms of the agreement plaintiff was to receive six percent of gross store rentals in return for its use of due diligence in managing the…