Womack v. Sternberg 247 La. 566, 172 So.

2d 683 (1965) Facts: P and D agreed in writing to exchange their residences. D refused to sale. Procedural History: P sued for damages based on breach of contract for exchange of houses. The district court entered judgment for P for damages. D appealed. P answered the appeal and prayed the judgment be increased. The court of appeal affirmed. Certiorari was granted. Issue: Whether profit damages are determined by market value at time of breach? Rule: The award to the buyer will be based on the difference between the contract price and the actual value of the thing, determined by the market price, whether or not he purchases on the market. Holding: The La. Supreme Court held that to determine profit which P would have made except for breach of contract for exchange of houses and mortgage notes it was necessary to ascertain amount, if any, by which market value of Ps home at time of breach was exceeded by market value of Ds home and mortgage notes which P was to receive in trade. Reasoning: [T]he direct and immediate profit . . . that [P] lost as the consequence of [Ds] breach was fixed and ascertainable at the date of the breach. [T]he damages recoverable for loss of profits are not unforeseen; such damages are clearly within the contemplation of the contracting parties. In these circumstances, such damages must be fixed as of the date of the breach. To hold otherwise would . . . leave the rights of the parties uncertain and encourage litigants to jockey for a trial on a date when the market was favorable. Procedural Result: Award of damages annulled and case remanded with directions.

Fussel v. La. Business College of Monroe 519 So. 2d 384 (La. App. 2d Cir. 1988) Facts: P enrolled in Ds secretarial training program. P was suspended by D for being a disruptive influence in violation of the enrollment contract. Procedural History: P sued. Trial court found that P was not disruptive and that D breached the enrollment contract in suspending P. Damages were awarded to P. Issue: Whether student was entitled to return of tuition and general damages for delay in becoming a legal secretary. Rule: Damages for the breach of a contract are designed to put the plaintiff in the position she would have been in had the defendant not breached the contract. Holding: Yes.

Reasoning: The delay attributable to D is the four months P was enrolled in Ds college. Procedural Result: Court awarded P $1,500 general damages.

Folds v. Red Arrow Towbar Sales 378 So. 2d 1054 (La. App. 2d Cir. 1979) Facts: P entered into exclusive distributorship agreement with D, et al. Procedural History: P sued D alleging breach of exclusive distributorship agreement. DC entered J in favor of P, and D appealed. Issue: Rule: Holding: Reasoning: Procedural Result: J appealed is affirmed.

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