Justice Lester Adler
Workmen's Circle Home contracted with Select Snack Time (SST) to provide vending machine services at its facility. Workmen's received a 20 percent commission on gross sales of all items sold. Superior Vending Services (SVS) acquired SST, and upon expiration of the contract executed a new one with Workmen's. A dispute arose between the parties and SVS removed all vending machines at Workmen's location. SVS now sought damages for breach of contract, and was granted its motion for summary judgment on the issue of liability, but the amount of damages would have to await a trial. SVS's president testified as to the calculation of damages, arriving at the amount of $305,988.60 for lost profits but for the unilateral breach of the contract by Workmen's. The court noted the only testimony supporting SVS's lost profits claim was of its president, finding he failed to take into account the cost of running the business, market fluctuations, and other variables, and improperly calculated lost gross, rather than lost net profits. Thus, it found SVS failed to sustain its burden of proof as to the amount of lost profits it was alleged to have sustain resulting from Workmen's breach.
