R. W. Norris, Jr., Plainitff-Appellee-Cross v. Bovina Feeders, Inc., Defendant-Appellant-Cross

GEE, Circuit Judge:

In this Texas diversity case, plaintiff R. W. Norris recovered, on jury findings, damages representing lost business profits for wrongful detention of an expensive and highly productive machine, a grain grinder capable of producing 100 tons of ground feed per hour. Norris’ judgment is attacked here by defendant Bovina Feeders, Inc. (Bovina), as awarding damages which are as a matter of law too speculative and uncertain to be proved to that degree of certainty which the law demands, as well as on other grounds. Though the appeal presents close questions, and though the…