less favorable than that of the Mastbaum and a great deal less favorable that that of any of the other Warner theatres. However, I think that, in the light of the evidence of the great increase in the theatre-going public beginning in 1941, the calculation, in percentages, of the adverse effect of the location made by the defendants' experts is too high, though location is undoubtedly a factor which would operate to reduce gross admissions.
(2) The fact that the Erlanger had not been a first-run theatre within recent times, having no established reputation with the public or goodwill, plus the probably effect which this would have, (for a time at least) on the allocation of the best box office attractions to it, even under conditions of free competition.
(3) Lack of air conditioning equipment -- a deficiency which, of course, could be remedied, but which would mean spending money and consequently some reduction of profits.
(4) The contingent increase in rentals provided for in the lease.
(5) The fact that the Mastbaum figures correspond with only the last three months of the damage period. As the war boom was on the increase, these would probably be the best three months of the period.
I do not pretend that there is not an element of speculation or guesswork in making an estimate of probably profits on the evidence presented. The fact, however, that only approximate accuracy is required by the decisions of the Supreme Court indicates that no one expects the impossible and that every estimate of what would have occurred under hypothetical conditions is bound to contain elements of speculation. But the evidence, I think, is sufficient on which to reach a reasoned conclusion the basis of which is relevant, informative and logically significant data.
I, therefore, find as a fact that the plaintiff, but for the wrongful acts of the defendants, would have earned profits at the Erlanger Theatre amounting to $ 125,000 during the damage period.
The statements of fact made in the foregoing opinion may be considered as special findings of fact and the statements of the law may be considered as conclusions of law. If anything in the foregoing opinion is in conflict with any finding of fact or conclusion of law heretofore made, the statements in the opinion may be taken as modifying the findings or conclusions.
An order may be submitted for judgment of damages and injunctive relief in favor of the plaintiff.