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Lakota Girl Scout Council, Inc. v. Havey Fund-Raising Management, Inc.
United States Court of Appeals for the Eighth Circuit
519 F.2d 634 (8th Cir. 1975)
Lakota Girl Scout Council, Inc. (Council) (plaintiff) hired Havey Fund-Raising Management, Inc. (Havey) (defendant) to assist the Council in a fundraising drive. The goal of the drive was to raise $345,000.00. The drive raised only $88,842.32. The Council brought suit against Havey to recover damages arising from Havey’s failure to perform as required under the contract. At trial, the Council submitted expert testimony that the goal of $345,000.00 was feasible. The District Court found in favor of the Council and had the jury determine damages based on a theory of lost profits. The jury awarded the Council $35,000.00. Havey appealed, arguing that the District Court improperly submitted the question of lost profits to the jury.
Rule of Law
Holding and Reasoning (Webster, J.)
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