Nelson v. Huber & Huber Express Inc.

(After stating the foregoing facts.) By special ground 2 of the amended motion for a new trial it is contended that the trial court erred in charging the jury in substance that, if they found that the plaintiff had breached the contract by his failure to build a fence, then and in that event, the measure of damages would be the cost of building the fence, rather than t-he cost of maintaining a night watchman on the premises.

By its cross-action, the defendant is seeking to recover $4824.88, which it is alleged was the amount paid to a night watchman, made necessary because the plaintiff…