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Warner v. McLay

Supreme Court of Errors, Connecticut
103 A. 113 (1918)


Facts

Hubert E. Warner, Jr. (plaintiff) entered a building contract with James McLay (defendant). McLay breached the contract by refusing to perform. Warner sued McLay to recover his expenditures and lost profits. At trial, the court instructed the jury that Warner was entitled to lost profits. McLay claimed his profits would have equaled 10 percent of the contract price. The court further instructed the jury that, since McLay had not submitted any evidence, the jury was required to accept the evidence submitted by Warner. The jury found in favor of Warner. McLay appealed.

Rule of Law

Issue

Holding and Reasoning (Roraback, J.)

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