Kuffel v. Seaside Oil Co. , 90 Cal. Rptr. 209 ( 1970 )

COAKLEY, J.

I concur in the reversal and remand for new trial for the reasons that: (1) the trial court used the wrong measure for determining damages, viz., loss of profits based on gross rather than net profits, and (2) highly speculative and unrealistic projections of increased sales volume were used in fixing damages, i.e., in estimating probable sales of Seaside as against Goodrich products.

A petition for a rehearing was denied October 15, 1970, and respondents’ petition for a hearing by the Supreme Court was denied November 10, 1970.