Section 53 Uncertainty

• Library: Damages 2012

The defendant is not to be excused for a breach of contract resulting in damages simply because those damages may not be established with exact certainty, but the amount of the loss should, in the event of uncertainty, at least be supported by the best evidence available. Hargis v. Sample, 306 S.W.2d 564, 567 (Mo. 1957); Scullin Steel Co. v. PACCAR, Inc., 708 S.W.2d 756, 761 (Mo. App. E.D. 1986). In Tnemec Co. v. North Kansas City Development Co., 290 S.W.2d 169 (Mo. 1956), the Court held that damages may be recovered for loss of profits because of the breach of a contract if the evidence is sufficiently certain and definite to warrant the jury in estimating...