Macke Co. v. Pizza of Gaithersburg, Inc

In Macke Co. v. Pizza of Gaithersburg, Inc., 259 Md. 479, 492, 270 A.2d 645 (1970), on December 30, 1966, Macke Co. placed vending machines at certain locations pursuant to contracts with an automatically renewable term of one year. The owner of the premises was to be paid a percentage of gross revenue realized from the machines. In January and February, 1968, the owner of the premises terminated the contracts. Id. at 481. Macke Co. sued for breach of contract. Id. The trial court found that the owners breached the contracts but that Macke Co. failed to prove damages with reasonable certainty. Id. at 482. At trial, Macke Co. had attempted to prove damages by putting in evidence gross sales figures for the month of January, 1968 at the locations in question. Id. at 489-490. Even though an extrapolation for the rest of 1968 was in existence, Macke Co. did not introduce any evidence projecting losses for the rest of 1968. Id. at 490. Macke Co. also called one of the defendants to testify, who stated that he received a certain amount of money from the machines in 1967. Id. Based on that testimony, Macke Co. submitted to the court an extrapolation of 1967 figures to show a projection of profits lost in 1968. Id. The Court concluded that the trial court erred when it concluded that damages could not be proved and remanded for the trial court to reconsider the issue of damages. Id. at 491. The Court stated that instead of relying on the two varying projections based on past performance in 1967 and January 1968, the trial court could consider whether the defendants had obtained other vending machines, and if so, it could consider the actual experience with those machines during 1968. Id. at 492. The Court noted that the defendants' actual earnings during the time period in question would be a "more appropriate measure of damages" than the projections, particularly in light of evidence that factors potentially affecting the vending machines' earnings had changed from 1967 to 1968. Id.