Lannom Manufacturing Co. v. Strauss Co.

Miller, J.-

Plaintiff’s petition, filed January 5, 1940, asserted that on or about July 28, 1939, plaintiff sold and delivered to defendant 117 pairs of shoes at a price of $2 per pair and demanded judgment for $234, with interest and costs. The answer was a general denial. Trial was had to the court without a jury. The court found that there had been a breach of contract, but that plaintiff’s remedy was for damages, not for the contract price; that there was no basis in the pleadings or the evidence for a judgment for damages because plaintiff made no attempt to plead or prove specifically…