This section contains the nature of the case and procedural background.

Guard (D) contracted to sell a restaurant to P & R (P). D did not have title to the property, but he expected to get it. D did not get the property, the Laborers (D1) did. P sued D for specific performance and lost profits. P was awarded specific performance and damages. D appealed; a new enterprise as a matter of law could not recover lost profits because that recovery would be speculative and D1 contended specific performance was improper because its title was superior.

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