Damage Award Depends on Proof of Amount Lost

May 31, 2008
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Facts: A Nevada tenant rented retail space from the owner. The tenant defaulted on the lease and never opened the store that it had planned to operate. The owner sued the tenant for the lease violation and asked that the trial court award it more than $2.4 million in damages. The trial court ruled for the tenant because the owner could not prove it suffered damages in that amount. The owner appealed.

Decision: The U.S. Court of Appeals for the Ninth Circuit upheld the trial court's decision.

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