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Gilroy Theatre Co. (D) agreed to build a 'first-class theatre' on the property that it just purchased from Bettancourt (P). D resold the property to a third party without building the theatre. P sold the property to D because a theatre on that property would enhance the value of his adjoining properties. P sued D for the unrealized loss in value to his other properties. A judgment of nonsuit was given to D; indefiniteness of the contract. P appealed.

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