Seaton v. Second Municipality

The judgment of the court was pronounced by

Rost, J.

The motion for a new trial in this case was improperly overruled, and the application of the defendants to have the .case remanded for trial before another jury must prevail, so far as the question of damages and loss of profits resulting from the breach on the part of the defendants of the building contract entered into by them with the plaintiff, is involved. It is admitted that the verdict of the jury allowed $28,000 as damage and loss of profits, and that the balance of the judgment has been voluntarily executed, without prejudice to…