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Budge v. Post

United States Court of Appeals for the Fifth Circuit
643 F.2d 372 (1981)


Facts

Don Budge (plaintiff), a tennis player who had won Wimbledon and the Davis Cup, entered into a five-year employment contract with Troy Post (defendant) to serve as a tennis professional at Post’s clubs, resorts, and hotels for seven months each year. A few months later, Post terminated the contract and discontinued payment, claiming that Budge had violated the contract by failing to perform his duties. Budge then sued Post for breach of contract, arguing that Post and not Budge had breached the contract by failing to pay the agreed compensation and terminating the contract. At trial, the judge instructed the jury to measure the damages as the present cash value of the contract. After trial, the jury awarded $353,800 to Budge, which constituted Budge’s agreed-upon monthly compensation multiplied by the 58 months left on his contract and reduced by the amount that Budge had earned or could have earned after termination. The district court entered a judgment in the amount of $455,041, which constituted the sum of the jury award for compensation and living expenses. Post appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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