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Contracts Keyed to Summers
Lakota Girl Scout Council, Inc. v. Havey Fund-Raising Management, Inc.
Facts
Lakota Girl Scout Council, Inc. (Plaintiff) hired Havey Fund-Raising Management, Inc. (Defendant) to assist Plaintiff in a fundraising drive. The goal of the drive was to raise $345,000. The drive raised only $88,842.32. Plaintiff sued Defendant to recover damages arising from Defendant’s failure to perform as required under the contract. At trial, Plaintiff submitted expert testimony that the goal of $345,000 was feasible. The District Court found in favor of Plaintiff and had the jury determine damages based on a theory of lost profits. The jury awarded Plaintiff $35,000. Defendant appealed, arguing that the District Court improperly submitted the question of lost profits to the jury.
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