American Can Co. v. Funkhouser
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Action at law by Frank Funkhouser against the American Can Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
GILBERT, Circuit Judge.
This case differs from American Can Co. v. Garnett (simultaneously decided herewith) 279 Fed. 722, in that the court below awarded damages for future or prospective profits, 1 olding that performance had so far progressed as to enable the court to see that the plaintiff would have fully performed the contract, except for the defendant’s default, and that the profits which would accrue from such performance were substantial and ascertainable. We find no ground for disturbing the judgment of the court below, based, < s it was, upon undisputed testimony which showed that…
2Cases cited3 opinions
- Northwest Auto Co. v. HarmonCourt of Appeals for the Ninth Circuit · 1918
- American Can Co. v. GarnettCourt of Appeals for the Ninth Circuit · 1922
- Port Blakely Mill Co. v. SharkeyCourt of Appeals for the Ninth Circuit · 1900