F. Enterprises v. Kentucky Fried Chicken Corp‪.‬

STEPHENSON, J. Although the issue of whether there existed a valid contract between the parties was a much litigated issue in the courts below, and has resulted in a voluminous record, such issue was settled in the second appeal to the Court of Appeals and is not now before us. The issue this appeal presents is whether the trial court applied the correct rule as to measure of damages for breach of the contract by appellant. The novelty herein lies in the fact that at the time of the breach, appellees, the prospective lessors, did not own the land which was the subject of the proposed lease nor had they erected the building as required under the terms of the proposed lease.