Guard v. P & R Enterprises, Inc.

631 P.2d 1068 (Alaska 1981)

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Nature of the Case

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Facts

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.