Lakota Girl Scout Council, Inc. v. Havey Fund-Rasing Management, Inc

519 F.2d 634 (8th Cir. 1975)

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Nature of the Case

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Facts

P decided to hold a fund-raising drive. D conducted a survey and informed Pl that it was feasible to raise $325,000 - $350,000 for the project. The Council thereupon set its goal at $345,000 and selected P to assist. P and D entered a contract where D was to provide professional assistance to help P reach its goal in return for a fee of $28,000; D did not guarantee that any money would be raised. The drive grossed $88,842.32; P paid $24,000 to D and incurred $10,000 in additional expenses. The campaign fell far short of its goal, and P sued seeking damages. The District Court submitted the damage issue to the jury only upon the theory of lost profits: 'what the plaintiff would have made if the contract had been performed minus a deduction for savings made possible by the breach.' P sought $399,000 from D. The jury awarded P $35,000.00. D appealed.