In September of 1995, Company contracted with Richard Cassinger to remove the remaining timber from the 913-acre tract in Potosi. Cassinger removed the remaining timber from the property in 1996. At trial, Harvey called an expert witness, John Crouch, a certified public accountant, to testify about his lost profits from the contract. Crouch used the gross revenue figures from Cassinger's contract and adjusted them to the 1993 price levels using Missouri Timber Price Trends, a publication of the Missouri Department of Conservation. Crouch calculated Harvey's expected expenses to complete the contract by relying on Harvey's actual expenses during 1992 when he worked on the contract.
Company now appeals, alleging nine points of error.
In Point I, Company contends the trial court erred in allowing Harvey's expert to testify as to Harvey's anticipated lost profits because he failed to establish his net profits or his fixed and actual expenses for a reasonable anterior period. However, Coonis concerns the standard of proof for loss of expected profits after destruction of or injury to business, rather than loss of profits directly flowing from a breach of contract. In Coonis, the owners of two competing trash collection businesses brought tort actions against each other in multiple counts. One count alleged the party had interfered with the other party's business by enticing its customers to cancel their trash collection contracts with the business. Under that count, the party sought loss of business profits as damages.