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  • Law School Case Brief

Jackson v. Lare - 34124 ( La. App. 2 Cir 11/01/00), 779 So. 2d 808

Rule:

A court is not justified in fixing damages in the absence of definite proof. The plaintiff has the burden of proving the damage suffered by him as a result of the breach of contract. While the absence of independent corroborating evidence may not be fatal to the plaintiff's burden of proof, the lack of even a minimal degree of detail or specificity as to the extent of loss precludes an award. Speculation and conjecture cannot be accepted as a basis for fixing loss of earnings or profits.

Facts:

The parties entered into a contract which called for plaintiff's purchase of all stock in defendants' company, plaintiff's completion of the drive-in that defendants' company had attempted to build, and plaintiff's obtaining the release of the guaranty signed by defendants. Two months later, defendants sold the drive-in to a third party. Thereafter, plaintiff sued defendants. The trial court found that defendants breached the contract, but that plaintiff suffered no damages, and it assessed the costs to defendants. Plaintiff appealed, and defendants answered.

Issue:

Under the circumstances, did the plaintiff suffer no damages, notwithstanding defendants’ breach?  

Answer:

Yes.

Conclusion:

The court affirmed the judgment of the trial court, finding that plaintiff did not show that he relied to his detriment on defendants' promises or that he changed his position in any way. Moreover, plaintiff did not show even a minimum degree of detail as to the extent of his alleged loss of profits and plaintiff did not prove that he suffered real, substantial emotional distress or loss of intellectual enjoyment from the breach. According to the court, two months was not a reasonable period of time for plaintiff to perform the contract's suspensive conditions; and the assessment of costs could have been reversed only upon an abuse of discretion.

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