Model Vending, Inc. v. Stanisci

180 A.2d 393 (1962)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P is in the business of leasing various types of merchandise machines. P and D entered into a written agreement whereby machines were to be placed by P into D's bowling alley premises for a period of five years. P got the exclusive privilege of placing its machines for the purpose of selling the merchandise at D's location during the existence of the contract. D breached the contract on or about July 28, 1959, by having closed down P's machines and having commenced the sale of various items of merchandise through other methods on the premises. D's bowling alley had been completely destroyed by fire on March 24, 1961, and had never been reconstructed thereafter. P sued D for breach claiming damages for loss of profits that he would have enjoyed during the five-year period commencing on August 15, 1958, and continuing until August 15, 1963. D claimed the destruction of the premises on which the contract was to be performed made the contract impossible to perform as of that date, and that P was only entitled to collect damages for loss of profits to the date of the fire. If P was entitled to recover damages for the full five-year period, he would have obtained a judgment for the sum of $7,924.21; but if P is limited in damages to the date of the fire he will be entitled to a judgment in the amount of $2,507.27. The court awarded the latter amount. P appealed.