Robertson v. Ceola

Frank Holt, Justice.

Appellee sued appellant for breach of an oral contract for the purchase and installation of certain materials during the construction of appellant’s house. Appellee was awarded $5,000 by a jury. For reversal of the judgment appellant asserts the jury’s award of damages was based upon speculation and conjecture. We must agree that appellee did not sufficiently prove his damages or loss of potential profits with reasonable certainty.

The proof of lost profits must be shown by evidence which makes it “reasonably certain” what the plaintiff would have made. Farmers Cooperative…