Peck v. Snyder
Michigan Supreme Court
Case made after judgment from' Cass Circuit. This was an action of assumpsit brought to recover damages for not. building a house an>d barn according to contract, and was tried by jury. On the trial, a witness for the plaintiff was asked, “What is the difference between the value of the house as it now is, and as it would iiave been had it boon built according to contract?” The question was objected to as incompetent.
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Case made after judgment from' Cass Circuit. This was an action of assumpsit brought to recover damages for not. building a house an>d barn according to contract, and was tried by jury. On the trial, a witness for the plaintiff was asked, “What is the difference between the value of the house as it now is, and as it would iiave been had it boon built according to contract?” The question was objected to as incompetent. The Court overruled the objection, and the defendant excepted. The witness answered, “ I can’t say.” After the charge to the jury had been given by the Court, the defendant’s…
1Opinion of the Court
Martin Ch. J.:
I see no error in the rulings of the Circuit Judge in this case; and as the case was tried by jury, it is to tlie rulings and decision of tlie Court alone that we shall direct our attention. The finding of fects belonged neither to the Circuit Judge nor to this Court.
I can see but one exception taken below, to wbicli our attention can be directed, and that is, to the refusal of the Judge to direct the jury to find specially, upon certain questions, in case they found a general verdict. This is a novel request. A jury may find a general or a special verdict, according to the…
2Cited by1 opinion
- Moline Plow Co. v. GilbertSupreme Court Of The Territory Of Dakota · 1882