Ernesto Foglino & Co. v. Webster

Under the theory of damages adopted by the learned trial court herein, the amount of damages was determined only after evidence had been received from a qualified witness as to the market price c. i. f. Italy during the period of thirty days after April 30, 1920. There is no evidence that such price was quoted in any newspapers or trade journals, nor that there was any method accessible to defendants, who were bankers, by which they could have ascertained the damage plaintiff had sustained, save by consulting experts, whose testimony ultimately would have had to be weighed by a trial court. I…