Breach of Contract

Damages awarded for breach of contract should return the party to the position he would have occupied had the contract not been violated. E. C. Ernst, Inc. v. Manhattan Const. Co. of Texas, 559 F.2d 268, 269 (5TH Cir. 1977) (applying Alabama law). One court has stated that “[t]he measure of damages in a breach of contract case is ‘that sum which would place the injured party in the same condition he would have occupied if the contract had not been breached.” Sanders v. J.W. Snyder Const. Co., Inc., 681 So.2d 576, 579 (Ala. Civ. App. 1996). Profit will be allowed as part of the recovery so long as the amount of the profit can be reasonably ascertained. Id. Damages may not be determined by mere speculation or conjecture. Briggs v. Woodfin, 388 So.2d 1221, 1225 (Ala.Civ.App. 1980).