Wenzel v. Lysle Milling Co.

*339The opinion of the court was delivered by

Dawson, J.:

This was an action for breach of a contract for the purchase of 5,000 bushels of grain.

The trial court instructed the jury, among other matters, that if they found the contract was made and breached by the defendants, they should render a verdict for the admitted or ascertained damages, $1,300, and for interest thereon from the date of the breach.

The jury returned a verdict for plaintiff for $1,300 with no interest, underscoring the word “no.”

The defendant filed a motion for a new trial on all the statutory grounds. The plaintiff filed a…