Sipes v. Barlow

Abstract of the Decision. 1. Trial, § 155*—when province of jury to determine facts. Where the evidence is conflicting it is for the jury to determine what facts are proved thereby. 2. Contracts, § 61*—when evidence of loss of profits inadmissible. In an action to recover on a contract for moving houses, where it appeared that defendant breached the contract by failing to build a foundation under the houses as agreed so that plaintiff could remove his moving tools, evidence of profits lost by plaintiff on another contract as a result of not having his tools held erroneously admitted, the…