Tolman v. Carrick

The defendant appeals from a judgment entered upon a jury verdict awarding damages to the plaintiffs for the breach of a contract. The terms of the contract, whereby the plaintiffs held a first refusal option in certain lands owned by the defendant, are not in issue and the breach was admitted by the defendant. The only question submitted to the jury was the amount of damages which the plaintiffs were entitled to receive. At the outset of the trial the defendant claimed and still claims that the plaintiffs were entitled to recover only the price paid by them for the option and the expenses…