Tuesday, December 3, 2013

Chicago Coliseum Club v. Dempsey case brief

Chicago Coliseum Club v. Dempsey case brief summary
265 Ill.App. 542 (1932)

Appeal by plaintiff from the Circuit Court of Cook County (Illinois) for dismissal of its action against defendant to recover damages for breach of a written contract.

Plaintiff brought action to recover damages for breach of contract by defendant boxer. After defendant refused to complete contract, plaintiff filed to enjoin defendant from engaging in another boxing match. Court decreed contract was valid; complainant had expended large sums of money in carrying out terms, and defendant was restrained from training for or participating in any boxing matches other than the one designated by plaintiff. Plaintiff sought damages in separate action for loss of profits from contest, expenses incurred prior to signing of agreement, expenses incurred restraining defendant from other contests and forcing compliance, and expenses incurred after signing but before breach.

The court held expenses incurred between signing and breach by defendant, as well as necessary expenses for performance, were recoverable; remainder claims were not.

Court reversed and remanded. Speculative damages, costs incurred prior to contract, and costs incurred not specified in contract to force contract compliance were unrecoverable. Court permitted damages only for expenses incurred during time between signing of contract and defendant's repudiation of contract.

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