High v. Lenow

The single question presented in this suit is whether in an action brought on a contract to recover unliquidated damages for breach thereof, the defeated party can complain that the jury rendered a verdict for a sum less than that required by the instructions of the court and less than the evidence warrants.

The suit was instituted by Lenow against High to recover damages for breach of an oral contract. The jury returned a verdict in favor of the plaintiff, fixing damages at $5,800. This was approved by the trial judge. On appeal the Court of Appeals reversed because “the verdict was a…