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Evergreen Amusement Corp. v. Milstead

Court of Appeals of Maryland
112 A.2d 901 (1955)


Harold D. Milstead (plaintiff), a contractor, entered a contract with Evergreen Amusement Corp. (Evergreen) (defendant) for the clearing and grading of land on which Evergreen planned to open a drive-in movie theater. Milstead’s work was delayed, resulting in the theater opening for business over two months behind schedule. Milstead brought suit against Evergreen to recover full payment for his services. Evergreen counterclaimed, seeking to recover lost profits attributable to Milstead’s delay. At trial, the court refused to allow Evergreen to introduce witness testimony regarding its lost profits. Evergreen was found liable for the value of Milstead’s services.

Rule of Law


Holding and Reasoning (Hammond, J.)

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