Schroeder Bros., Inc. v. Sabelli

Opinion by

Hirt, J.,

Plaintiff sued on an admitted claim for food products sold and delivered. Defendant pleaded a set-off and counterclaim for damages upon a prior purchase of cheese which he alleged did not meet the description of that contract. The verdict was for $500 in defendant’s favor. Plaintiff moved for judgment n. o. v. on the whole record and for a new trial. Judgment was refused but a new trial was granted on the ground that defendant “did not produce sufficient satisfactory evidence of the extent and amount of the loss” under the applicable measure of damages. The court held that…