Swatter, a baseball star, contracted with the Municipal Symphony Orchestra, Inc., to perform for $5,000 at a children's concert as narrator of "Peter and the Wolf." Shortly before the concert, Swatter became embroiled in a highly publicized controversy over whether he had cursed and assaulted a baseball fan. The orchestra canceled the contract out of concern that attendance might be adversely affected by Swatter's appearance. Swatter sued the orchestra for breach of contract. His business agent testified without contradiction that the cancellation had resulted in Swatter's not getting other contracts for performances and endorsements. The trial court instructed the jury, in part, as follows: "If you find for the plaintiff, you may award damages for losses which at the time of contracting could reasonably have been foreseen by the defendant as a probable result of its breach. However, the law does not permit recovery for the loss of prospective profits of a new business caused by breach of contract." On Swatter's appeal from a jury verdict for Swatter, and judgment thereon, awarding damages only for the $5,000 fee promised by the orchestra, the judgment will probably be 
affirmed, because the trial court stated the law correctly.  affirmed, because the issue of damages for breach of contract was solely a jury question.  reversed, because the test for limiting damages is what the breaching party could reasonably have foreseen at the time of the breach.  reversed, because under the prevailing modern view, lost profits of a new business are recoverable if they are established with reasonable certainty. 