The burden was upon appellant to allege and prove the loss of profits and that such loss resulted from the alleged breach of contract by appellee and that such loss of profits must be established with a reasonable degree of certainty and cannot be left to speculation. Augustine v. Southern Bell Telephone Telegraph Company, Fla., 91 So.2d 320; 17 Tex.Jur.2d, Damages, Sec. 229, p. 290; Whiteside v. Trentman, 141 Tex. 46, 170 S.W.2d 195; Mitchell v. Southwestern Bell Telephone Company (St. Louis Ct. of App., Mo.), 298 S.W.2d 520. There was no proof of loss of any particular piece of business.

One of the basic purposes of a motion to dismiss is to test the over-all sufficiency of the complaint to state a claim upon which relief can be granted. Since the complaint states a claim upon which at least nominal damages may be awarded, then it follows that the motion to dismiss the amended counter-claim should not have been granted, even though some of the damages alleged may have been non-recoverable. Augustine v. Southern Bell Telephone Tel. Co., Fla. 1956, 91 So.2d 320. The sustaining of the motion to dismiss the amended counter-claim was error.

If the complaint states a claim upon which at least nominal damages may be awarded, a motion to dismiss should not be granted. Augustine v. Southern Bell Tel. Tel. Co., Fla. 1956, 91 So.2d 320. The rule is also well settled that if there is a yardstick or measure of damages by which prospective profits may be determined which arise out of a contract in which profit is an inducement to its making, they may be allowed if proved whether they arise from farming, mechanical or other contracts.

The contention that the claim for loss of use should not have been stricken has merit. Grounds for the ruling were not stated in the order. If the only reason for striking this claim for special damages was because sufficient facts to support the claim were not alleged, defendants' proper remedy was a motion for more definite statement pursuant to Rule 1.11(e), F.R.C.P. Augustine v. Southern Bell Tel. Tel. Co., Fla. 1956, 91 So.2d 320. If, however, the trial court's basis for striking the claim for damages was the rule contended for by defendants that damages for loss of use are not recoverable where total destruction of the article or machine is claimed, then in our opinion the trial judge erred. The authorities are divided on this proposition, and we find no controlling Florida case.

General damages are said to encompass all the damages which naturally and necessarily result from a legal wrong done. Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320, 323 (Fla. 1956). Such damages follow by implication of law upon proof of a wrong.

Camp v. First Nat. Bank, 1902, 44 Fla. 497, 33 So. 241, 103 Am.St.Rep. 173; Benedict Pineapple Co. v. Atlantic Coast Line Ry. Co., 1908, 55 Fla. 514, 46 So. 732, 20 L.R.A., N.S., 92; Moses v. Autuono, 1908, 56 Fla. 499, 47 So. 925, 20 L.R.A., N.S., 350; Warfield v. Hepburn, 1912, 62 Fla. 409, 418, 57 So. 618; Seaboard Air Line Ry. Co. v. Hess, 1917, 73 Fla. 494, 74 So. 500. In Augustine v. Southern Bell Telephone Tel. Co., Fla. 1956, 91 So.2d 320, a complaint was dismissed because it failed to specify with particularity the special damages claimed by plaintiff. It was a suit for breach of an oral contract. Justice Thornal stated the problem as follows:

Finally, we disagree that a finding that the liquidated damage provision constituted a penalty would have required that the complaint be dismissed for failure to state a cause of action. It is well established in Florida that where the allegations of a complaint show the invasion of a legal right, the plaintiff on the basis thereof may recover at least nominal damages, and a motion to dismiss should be overruled. Williams v. Atlantic Coast Line R. Co., 56 Fla. 735, 48 So. 209, 24 L.R.A., N.S., 134 (1909) and Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320 (Fla. 1956). In our opinion this principle is applicable to the instant case since the complaint alleged a contract creating a legal right in the petitioners to receive the contract price in exchange for the land, and an invasion of that right when the respondent failed to perform.

"Finally, we disagree that a finding that the liquidated damage provision constituted a penalty would have required that the complaint be dismissed for failure to state a cause of action. It is well established in Florida that where the allegations of a complaint show the invasion of a legal right, the plaintiff on the basis thereof may recover at least nominal damages, and a motion to dismiss should be overruled. Williams v. Atlantic Coast Line R. Co., 56 Fla. 735, 48 So. 209, 24 L.R.A., N.S., 134 (1909) and Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320 (Fla. 1956)."

A motion to dismiss is not a proper method of attacking a complaint that is insufficient only in that the elements of damage are improper or insufficiently alleged. Arcade Steam Laundry v. Bass, Fla.App. 1964, 159 So.2d 915, 916. If the complaint states a claim upon which at least nominal damages may be awarded, then a motion to dismiss such a complaint should not be granted. Augustine v. Southern Bell Telephone Telegraph Company, Fla. 1956, 91 So.2d 320, 323. Therefore, the defendant's grounds being insufficient to sustain a motion to dismiss, the order of dismissal with prejudice and entering final judgment is reversed and the trial court is directed to proceed with the cause accordingly.

This requirement has been construed by the Florida courts to mean that a claim for special damages is sufficiently pleaded to withstand a motion to strike if it "notif[ies] the defendant of the nature of the special damages claimed." Augustine v. Southern Bell Telephone Telegraph Co., 91 So.2d 320, 323 (Fla. 1956). See also, Arcade Steam Laundry v. Bass, 159 So.2d 915 (2d D.C.A. 1964).