Chicago Coliseum Club v. Dempsey case brief summary
265 Ill.App. 542 (1932)
CASE FACTS
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.
DISCUSSION
The court held expenses incurred between signing and breach by defendant, as well as necessary expenses for performance, were recoverable; remainder claims were not.
CONCLUSION
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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265 Ill.App. 542 (1932)
CASE SYNOPSIS
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.CASE FACTS
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.
DISCUSSION
The court held expenses incurred between signing and breach by defendant, as well as necessary expenses for performance, were recoverable; remainder claims were not.
CONCLUSION
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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