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

P and D entered into a contract for P to build a garage. D breached by refusing to allow P to perform. P sued D, and the jury was instructed that P was entitled to lost profits. P claimed lost profits of 10% but submitted no evidence. The court ruled that since no evidence had been submitted on the issue, the jury must accept P’s 10% figure. D appealed a judgment for P.

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