Stewart v. Hansen

The court’s order affirming the judgment is based upon the theory that there are “special circumstances” shown by this record that take the case out of the ordinary action for breach of contract for the sale of personal property. Counsel for respondent (plaintiff below) made no such contention. Both in the oral argument and printed brief counsel based his argument upon the theory that subdivision 2, § 5173, of our Code, quoted in the opinion, establishes a new or different measure of damage than that heretofore generally recognized by the courts. That the Sales Act does not establish a new or…