No. 2003 CA 0703 Precedential Processed

Meter Reading Specialists, Inc. v. City of Denham Springs

Louisiana Court of Appeal, First Circuit · Filed February 23, 2004 · 873 So. 2d 725

Authorities cited

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Opinion text

11 FITZSIMMONS, Judge, agreeing, with additional reasons. I agree that the contract automatically renewed when neither party properly, and in a timely manner, exercised the option of non-renewal. I also agree that the plaintiff failed to submit sufficient evidence of damages. Contract damages are “mea *728 sured by the loss sustained by the obligee and the profit of which he has been deprived.” La. C.C. art.1995. While damages need only be proven within a reasonable certainty, they may not be based on speculation or conjecture. Pelts & Skins Export, Ltd. v. State, Department of Wildlife and Fisheries, 97-2300, p. 11 (La.App. 1 Cir. 4/1/99), 735 So.2d 116, 126 , writs denied, 99-2036, 99-2042 (La.10/29/99), 748 So.2d 1167 -68; Marcel v. Becnel, 96-1139, p. 9 (La.App. 1 Cir. 3/27/97), 691 So.2d 1344, 1349 , writ denied, 97-1080 (La.6/13/97), 695 So.2d 984 . Here, the only evidence of lost profits was speculative and pure conjecture. Therefore, we need not reach the issue of mitigation of damages pursuant to Louisiana Civil Code article 2002.