Swiss-American Importing Co. v. Variety Food Products Co.

SMITH, Commissioner.

This case reaches us on a second appeal, this one following a court determined judgment of $3000 damages to plaintiff as a result of defendant’s breach of contract. On the former appeal this court held that defendant had breached an exclusive sales contract with plaintiff, that plaintiff was not entitled to injunctive relief, and that the award of damages by the trial court was premature as full development of this question had not been permitted at the trial. We remanded for new trial solely on the issue of plaintiff’s damages. See Swiss-American Importing Company v.…