Taefi v. Stevens

WEBB, Judge. ■

The resolution of the question as to whether the court committed error in granting the judgment notwithstanding the verdict depends on the measure of damages to which the plaintiff is entitled. The only evidence of damage, which was admitted over the objection of the defendant, was testimony as to mortgage payments, expenses of selling the property, and house and yard maintenance. The defendant contends that the proper measure of damages is the difference between the contract price and the market value at the time of the breach, and evidence as to other items of damage could not…