Plaintiff Hall China Company filed suit against defendant SpringWell Dispensers, Inc., to collect an unpaid balance on a commercial account. Defendant answered and filed a counterclaim alleging it was damaged by plaintiff’s breach of contract to supply defendant’s demand for porcelain water dispensers manufactured by plaintiff to defendant’s specifications. The trial court granted plain
We agree with defendant that the record contains evidence creating an issue of fact on its claim that plaintiff breached its agreement to supply defendant’s demand for product. But the trial court did not err in dismissing the counterclaim because in answer to discovery requests the defendant indicated its only claim for damages was for lost profits and the only evidence of lost profits presented by defendant was too remote and speculative to sustain an award. Where, as here, the evidence shows the claimant was a new business with no history of profits and, in fact, was operating at a loss, the loss of prospective profits due to a breach of a supply contract is too remote and speculative to support a recovery of damages. See
Radlo of Ga. v. Little,
Judgment affirmed.
