Gargiulo v. California Wineries & Distilleries

After rendition of a special verdict finding the market price from which the damages could be computed, a general verdict was directed in favor of the plaintiff. The question here arises upon a motion *693to set aside the verdict and for a new trial. Plaintiff was doing business as a wine and liquor merchant under a trade name, and entered into a contract with the defendant, a California corporation, for the shipment to him in New York of 750 barrels of wine by monthly deliveries, extending over a year beginning December, 1912, as directed by plaintiff, and to be paid for thirty days after each…