Schutter Candy Company v. Stein Bros. Paper Box Co.

SWYGERT, Circuit Judge.

This appeal is from a judgment entered in a diversity action. The principal question is whether the evidence required an award of damages for injury to plaintiff’s business and good will and for loss of advertising expenditures as a consequence of defendant’s admitted breach of warranty. We undertake a summarization of the factual situation before discussing the contentions.

Plaintiff Schutter Candy Company makes and sells candy. Among its products are bars sold under the name “Old Nick” and “Little Old Nicks.” Old Nicks are large-size bars; Little Old Nicks are…