Costinett v. Plaza Hotel Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendants from a judgment, on verdict, on tbe Supreme Court of tbe District of Columbia in an action brought to recover damages for breach of contract.
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Hearing on an appeal by tbe defendants from a judgment, on verdict, on tbe Supreme Court of tbe District of Columbia in an action brought to recover damages for breach of contract. Tbe Court in tbe opinion stated tbe fgets as follows: Plaza Hotel Company brought this action against John J. and Joseph K. Costinett, appellants, to recover damages for breach of contract; and recovered a judgment for tbe sum of $6,000. Tbe declaration alleged that defendants, who are tbe owners of premises known as No. COO North Capitol street, and Nos. 1 and 3 F street, N. W., in tbe city of Washington, leased…
1Opinion of the CourtChief Justice Shepard
1. It is conceded that the issue as to the preparation of plans and specifications for the new building, and the agreement thereto by defendants without the condition for additional *88rental, as claimed by them, has been settled by the verdict. Those issues were submitted to the jury fairly upon the instructions asked by both plaintiff and defendants, and the verdict upon a conflict of evidence relating thereto is conclusive.
2. There was no error in refusing the second instruction proposed by the defendants, to the effect that the plaintiff is not entitled to recover more than nominal damages…
2Cited by2 opinions
- Murphy v. O'DonnellDistrict of Columbia Court of Appeals · 1948
- Peoples Mortg. Corp. v. BedrosianCourt of Appeals for the D.C. Circuit · 1946