Clarkson v. Crawford

Opinion by

Mr. Justice Simpson,

Plaintiffs sued to recover $100,000 damages for the breach, by defendant, of an alleged oral agreement by which they were to design and build for him a ten-story apartment house, for its cost plus ten per cent profit, and obtained from the jury a verdict of $35,000. The court in banc refused defendant’s action for judgment non obstante veredicto, but, upon his motion for new trial, made an order, without the usual limit of time being stipulated therein, that “upon filing a remittitur for all damages in excess of $12,500, the rule for a new trial is discharged;…