Marks v. Mike Scaler's, Inc.

Plaintiff sought reformation of a contract of sale and recovery of damages occasioned by violation of the provisions of the contract. The court entered its decree reforming the contract and gave judgment for damages because of its violation by defendant.

Defendant, in presenting its appeal, urges that the court erred in rendering judgment of reformation, in fixing the amount of damages, and in its refusal to grant a new trial.

Appellant and respondent were engaged in the business of selling fruit and vegetables from market stands in the city of Spokane. Prior to the execution of the contract…