Allison v. Leslie

Appellants brought an action to recover the price of certain apricots sold to the appellees, and appellees filed a claim of set-off for damages for a failure to deliver goods of the required quality within a reasonable time. The case was submitted to the court without a jury and a finding was had against appellants on which judgment was entered. Appellants complain that appellees introduced evidence of damage on a wrong theory, that is, supporting a wrong measure of damages, but appellants saved no exception to any such evidence, and therefore are not in condition to complain here of its…