IBIZA, INC., vs.

SAMIS FOUNDATION
Facts: Ibiza, Inc.leased the ground foor of the Collins Building from the
Samis Foundation for a restaurant and club, also named Ibiza. A disute
bet!een Ibiza and Samis o"er the installation of a heating, "entilation, and
air conditioning s#stem dela#ed the oening of the restaurant for $% months.
Ibiza sued Samis for breach of contract and loss of ro&ts. 'he district court
found for Ibiza. (o!e"er, Samis Foundation aealed on the ground that
there !as no loss of ro&ts on the art of Ibiza.
Issue: )hether or not there is breach of contract and loss of ro&ts.
*uling: +es. 'here is a breach of contract. ,n the issue of loss ro&ts, the
court !as satis&ed that the !itnesses resented b# Ibiza to ro"e loss of
ro&ts are su-cient enough to suort their contention. .aurance and Shain
/!itnesses0 clearl# had the e1ertise and e1erience to testif# on the issue of
lost ro&ts. Ibiza introduced its ro forma into e"idence as an e1hibit.
.aurance described the bases for the ro2ections in the ro forma. Shain
testi&ed that based uon his considerable e1erience in the Seattle
restaurant industr#, he belie"ed the bul3 of .aurance4s ro2ections !ere
accurate, if not conser"ati"e. 'heir oinions therefore created a reasonable
basis for estimating lost ro&ts. 'he absence of actual ro&t and loss
statements from comarable Seattle "enues is not fatal gi"en the li3el#
reluctance of such "enues to ro"ide such information and the holding of
.arsen that a greater liberalit# is ermitted in ma3ing estimates and
dra!ing inferences !hen the loss of ro&ts is directl# caused b# the
defendant4s breach.