Bromberg v. Eugenotto Construction Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by F. W. Bromberg- against the Eugenotto Construction Company, for damages for the breach of a lease caused by the improper construction of a storehouse. —There is no absolute rule that expected profits cannot be recovered as an element of damage, but the rule is. that such profits as are speculative and remote cannot be considered.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by F. W. Bromberg- against the Eugenotto Construction Company, for damages for the breach of a lease caused by the improper construction of a storehouse. —There is no absolute rule that expected profits cannot be recovered as an element of damage, but the rule is. that such profits as are speculative and remote cannot be considered. Where sufficient data is proven to enable the jury to determine with reasonable certainty what such profits are, they are recoverable. — Brigham, v. Carlisle, 78 Ala. 249; Snodgrass v.…
1Opinion of the CourtSimpson, J.
This action was brought by the appellant against the appellee, claiming $50,000 as damages for the breach of a contract by which the defendant leased to the plaintiff, for a period of three years, with the privilege to the plaintiff to extend the period of leasing ten years, a certain storeroom, to be of certain dimensions, therein described, in a building then about to be erected by the defendant. The plaintiff claims that he was occupying; as a jewelry store, a certain storeroom in a building which stood on the ground to be occupied by - said new building, having a lease contract for three…
2Cases cited4 opinions
- Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
- Moulthrop & Stevens v. Hyett & SmithSupreme Court of Alabama · 1894
- Nichols v. RaschSupreme Court of Alabama · 1903
- Metzger v. BrincatSupreme Court of Alabama · 1908
3Cited by5 opinions
- Noble v. TweedyCalifornia Court of Appeal · 1949
- Lambert v. JeffersonAlabama Court of Appeals · 1948
- Longshore v. MaggioSupreme Court of Alabama · 1940
- Standard Oil Co. v. WeeksAlabama Court of Appeals · 1912
- Sunny South Grain Co. v. Webb-Sumner Oil Co.Alabama Court of Appeals · 1924