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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grenfell v. Anderson, 1999 MT 272 (1999)

Citation
Grenfell v. Anderson, 1999 MT 272 (1999)
Parent Document
Grenfell v. Anderson, 1999 MT 272 (1999)
Jurisdiction
Montana (state)
Effective Date
1999-11-09

Other Sections in This Document (105)

Full Text

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¶ In order to recover for lost profits, this Court requires that a party establish them with some certainty as well
as prove the source of the lost profits. See Sage v. Rogers (1993), 257 Mont. 229, 241, 848 P.2d 1034, 1041. In the
past, we have upheld an award of lost profits to a lessee, once liability for a breach of the lease agreement by the
lessor was established. See generally Lee v. Kane (1995), 270 Mont. 505, 893 P.2d 854. Further, the rule as stated
in the Restatement is that, when the leased property is used for business purposes, damages include "loss of
anticipated business profits proven to a reasonable degree of certainty, which resulted from the landlord’s
default, and which the landlord at the time the lease was made could reasonably have foreseen would be caused
by the default." Restatement (Second) of Property, Landlord and Tenant § 10.2(5) (1977). Here, the District
Court concluded that with or without Grenfell’s approval, a sublease with a "false and misleading description"
fails to provide credible evidence for the purposes of damage calculation.