Stamp-Ad, Inc. v. Barton Raben, Inc.

I dissent. I do not agree that Stamp-Ad had the burden to prove the amount of costs saved by Barton Raben as a result of Barton Raben’s non-performance under its one-year employment guaranty. Further, I do not agree that Stamp-Ad had the burden to object, or to request a different jury question, regarding Barton Raben’s damage issue. In my opinion, Barton Raben had the burden to plead, the burden of proof, and the burden to request the proper jury question on the issue of its damages.

Stamp-Ad specifically raised the issue regarding the appropriate measure of damages recoverable by Barton…