Spiese v. Mutual Trust Co.
Spiese v. Mutual Trust Co.
Opinion of the Court
Opinion by
Plaintiff appeals from the decree discussed in the preceding opinion alleging the measure of damage adopted by the court below was erroneous in excluding an item of salary from the computation and in refusing to allow profits plaintiff claimed would have resulted had the building operation been carried out.
The single assignment of' error is to the decree of the court below and contains nothing on its face to indicate the errqr complained of. The decree itself is long and complex containing eight paragraphs and a number of distinct and separate provisions and orders. So far as appears on its face the assignment may relate to all or any of the matters- set forth in the decree, in direct violation of Rule 26 of this court. Although the decree is based on findings of fact and conclusions of law reached by the court below to which exceptions were taken and dismissed, the dismissal of such exceptions has not been assigned for error. This appeal might, therefore, well be dismissed without further consideration: Moyn v. Rose, 245 Pa. 601.
Appellant further contends the trial judge erred in refusing to allow as a measure of damage the loss of profits plaintiff estimated he would have realized had the building operation been completed and the houses sold. According to calculations submitted the value of the completed houses would have been approximately $2,500 each, making a total of $120,000, which amount, after deducting the cost of the ground and buildings, indicates a loss of $67,500 on the operation alone, in addition to the loss on account of expenditures allowed by the court below. This estimate was based on the testimony of a witness for plaintiff to the effect that had the houses been completed in accordance with the plans they would sell for from $2,300 to. $2,500 each. Assuming this to be the correct estimate of the market value if constructed in accordance with the plans of other houses on the sale of which the witness based his information, the testimony falls far short of the requirements where damages are measured by loss of profits in
The appeal is dismissed.
Reference
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- Spiese v. Mutual Trust Company
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- Syllabus
- Contracts—Agreement to lend money—Breach—Damages—Items of damage—Evidence—Speculative profits. 1. The rule governing the measure of damages in cases of breach of contract, is that damages recoverable are such as may be fairly and reasonably considered as naturally arising from the breach according to the usual course of things, and under the circumstances contemplated by the parties at the time of entering into the contract. Damages for loss of uncertain, remote or speculative profits cannot be recovered. 2. 'Where damages were claimed from a trust company for breach of defendant’s contract to loan money to plaintiff, a builder, whereby plaintiff was forced to abandon a partly completed building operation, the court properly refused in the calculation of plaintiff’s loss an item of $700 paid plaintiff’s bookkeeper for seven months’ salary from October 1, 1914, to April 30, 1915, where the building contract was not entered into until February 16, 1915, and work was not started until a few days thereafter and was discontinued on April 3,1915, it being apparent that the entire amount claimed could not be charged against the building operation, and there was no evidence to show what part of such amount was chargeable to the operation, presumably the bookkeeper’s time was not exclusively employed on the business of the operation. 3. In such ease the item of damage for the loss of profits plaintiff estimated he would have realized had the building operation been completed and the houses sold, was properly refused in the absence of evidence clearly showing what profits, plaintiff would have made had the houses been completed, especially where it appeared that the houses might not have been completed for the amount specified in the builder’s contract, which was not bonded, and where there was no evidence to show the possibility of obtaining within a reasonable time purchasers for the property. Practice, Supreme Court — Appeals — Assignments of error— Rule 26.. 4. An assignment of error complaining of a lower court’s decree containing a number of distinct and separate provisions and orders so that the assignment might relate to all or any of the matters set forth in the decree is violative of Rule 26 of the Supreme Court. 5. Where a decree is based on the lower court’s findings of fact and conclusion of law to which exceptions were taken and dismissed, the appeal may be quashed where the dismissal of such exceptions has not been assigned for' error.