the most important part of this whole matter relatively concise hundred forty pages so transcript i think it's called setting you're not going to be able to find  on the our third peel from the same judge we have learned the rigors of the farmers face when the have to deal with citizen groups who will buy the drop of a hat impose enormous harm upon you and then as they have now turn and say well we shouldn't have to pay for that but we've asked that they be required  covered and he testified under oath then he heat every bill that was raised testified under oath that he paid through his construction accounting so always working alone at wells fargo bank forty two thousand three hundred ten hours because of the increased costs of the construction materials that happened while this twenty month period one thousand month period was going by and he had been forewarned that i buy a letter that he had received from from the his then contractor g t o longhorn that he would be incurring that the judge would not allow the affidavit of the contractor into evidence but it didn't make any difference because all the contractor had done was put mr young on notice that he would be looking at additional costs and mr young testified under oath that without any contradiction whatsoever subject for credit would he be able to pay his bills and so they would not let him pre order his crop and get a line of credit at a lower rate for  breach of contract case whether or not damages are foreseeable it's not a test this is a reimbursed someone for damages he sustained as result of what someone else did the him and he doesn't have to have a crystal ball more day to know that there might be something and nobody expected he didn't know he was going to get turned down for credit for his fertilizer and seed nobody knew that objection to his testimony this is important too there's a lot of points here where there never were objections to his testimony objections that could have been dealt with it just never worried me and so they were all any objections were great waves for example i thought of a number of situations where somebody might argue what about the best evidence rule would have been better to have some writing from the bank and said mr young well maybe so they have all the writings it's coverage that you would all of these were but nobody objected so it's testimony i'm objecting to unimpeached by any kind of cross examination and no witnesses and all were called by the other sac so we have the sworn testimony of mr young period and a lot of these matters and that's just the way it is but that's that's the case and based upon and i believe clearly carried by the preponderance of the evidence and for your purposes the trial court missed paid through his back he also incurred fifteen thousand dollars plus in interest payments on his spank loan that he couldn't make while he had no his way out of that for his way through some illnesses managed to survive and has come up for air to some extent today but eat almost one hundred and he did end up paying that interest to the bank in the test fight to it and the on again the other side had every opportunity to cross examine ted all of his records that overdue in that regard whether all work together he was very familiar with the situation very familiar with young place very familiar with the fact that there been an injunction and he knew there were bigger requests to for some input from article how much money is young losing here over this period of time the injunction and he knew that a letter would be forthcoming he testified to hearing that he looked at the exhibit he said yup that's that's the letter i agree with what's in the letter i wouldn't change put in that yes and without objection was exhibit number twelve apollo which exhibit number nine the letter states and it's and there's a piece schedule annum and running up to a dollar seventy five at all and that has to do with their surviving they're making weight for marketing purposes and slaughter separately evaluate and they had  watched this operation which is now going on for some fourteen months since the building was finished and populated with animals and our expectations of this have proven how true  refer to it in her order but she says that number nine won't be admitted as evidence even though every word of it was retest the five two by karva and so i think she made a mistake in that regard part the mathematical calculation taken from the contract that the parties were operating under and moving it into a short letter that's all that us so we've included it in error within harmless because there was already full is we establish that it was a gross income figure that would have been derived over a twenty month period this or dressed this is this united dress the full twenty months of the injunction was written before we knew what was going to beat but over the full twenty months at the rate of twelve thousand dollars stall thousand and seventy eight forty six per month mr young was head of earned gross two hundred fifty five thousand dollars plus of course he didn't he didn't earn anything even though he could have had his been open we then deride that number by wading through the fourteen months prior to hearing to find out what it cost to run the place and by the way i want to no typo in my reply brief i mentioned there are cell phone bill and that's not true like i don't know what i was thinking when i wrote that i can explain that we produced an exhibit number fourteen which was reduc just to have it and for you rather than have it through papers to find it and it's helpful to look at it even as we speak now compared to mr young showed up in court and the transcript reflects all of this with his electric bills once per month fourteen months worth a single propane bill because he was billed for the entire period at once i  a deceased enemy he does he pay sixty five dollars a month somebody spose of the c standard most doesn't matter how many there are his real estate tax bill his insurance bill and he testified that he paces late two thousand dollars per month his grand total expenses were fifty two hundred sixty five dollars that's his monthly take expense he's calculated in these figured out over fourteen months so it's we feel like he had in the state a sufficient base to establish an average cost for each month the electricity was a matter of adding up for twelve or fourteen utility bills for actually i was siting with approval his brief he and his brief had listed tastes and i was agreeing with them so i chose not to restate them again but it but there are a body of there is a body of case law and side that states those three propositions that's what we're looking for and i think you know chose not to waste a lot of space agreeing with  exhibits and read the transcript which isn't very long and look at the citations that have been contained in my contained in my brief as the specific transcript pages where it is clear that there was full testimony provided suggestion of damages that was filed by mr young and we requested from the court was given and given an opportunity to sort of summarize our disagreements with the item damages i requested that because i thought  helpful determining where these issues were so the trial will go forward clearly understanding where the disagreements lay with the exception of the attempt to change the one item from lost profits to entered i utilized that cross examined represent a part built on several points in the contract problems with the with with the arguments stemming from this proposal or agreement doesn't hurt wants to needs oh i mean i think this is very difficult task to prove regardless of what the what the evidence is because there was no existing enterprise ever but says that without me one of those it's very difficult possibly requires an accountant so little look at what was going on in the industry at that time what contracts were going on what what was the what were you know what were the current circumstances was young pretty much conceded that he did not have background during the time period this letter we're talking about  enterprise rule the new business or whatever it's called you pretty much would have to have already been in this business and have sort of you look at other facilities that have similar that many cases where lost profits have not been proven anybody says fashion with more than just days of testimony on  attorney says is wrongfully introducing breach of contract concepts here i've lied on damage theory construction delays are common frequent the frequently litigated their books just on the group of construction delays in those delays current tours they can occur in contract but they all the old come from the same sort of basic set of issues and most common way to get through made it's not necessarily easy because usually the starting point it was not starting point where there are no contracts with the structure company here and evidence and what was offered into evidence particularly on the construction delays were opinions the government orders a lot of spending on roads and construction asphalt usage goes up the next thing you know you know the cost of shingles goes up will skyrocket and then they return rice will back down it is not at are i think there were three complaints about the the attorney fees one was i think clear about this there is negative authority on this but this is the only statute that i've never been a familiar with  case and they reversed the appellate court trial for that's nineteen zero three i mean that's obviously got a tough so overall there's a new law but i do not believe that there has to discover a couple points quickly with respect to the business about how the animal parents paid for the forty dollars per month is in the fees schedule shipping animals that are inherently sick to begin with all of us sick when they arrive at this point and say how much you know what we're wired will be for a place like you don't have one because he's got his own well if so it's the electric bill fuel well yeah but again he's putting out his own layer then he's treating here as a wash as opposed to spending more money for fertilizer just lump it he's not he's not spending any money out of pocket for that specific effort because he's using it machinery for all sorts of for example you might put it he might be out there putting the north down any also might use  don't understand most of their theory and the more i hear of it the more i see problems to not it is a new enterprise rule is finally there's no way to find out what the business would have earned here we will begin with a contract that we prevented from working we knew but the earnings would be we didn't get to do it compare with another facility what other facility work how could you do better than fourteen months unfenced the silver and know exactly what it he claimed he paid it was paid either through his construction or by him correctly he was not asked to produce any records at the at the hearing wasn't surprised because they already heard that they got that scuppered they