City of Miami v. Stokely Bros.

WALLER, Circuit Judge.

The appellee recovered in the Court below the fair market value of certain perishable foods which it alleged, and the jury found, the appellant had not preserved in its cold storage plant according to its contractual responsibilities.

The City contended that there should have been no recovery whatsoever, and also insisted through its counterclaim that it should be allowed to recover its proper storage charge.

If the City had kept the commodities safely, and according to its undertaking as found by the jury, the plaintiff would have sold its foods and received only the fair…