Weyerhaeuser Co. v. Godwin Building Supply Co.

EXUM, Justice.

We allowed this petition to determine whether a partial new trial on the issue of damages alone should be awarded in an action for breach of contract where the jury’s verdict provides no basis for ascertaining which of several theories of the breach supported its award of damages. We hold that in such a case where the measure of damages might vary according to the breach proven it is not proper to allow a partial new trial solely on the damages issue.

This case originated in an action by plaintiff Weyer-haeuser to recover payment for materials and services rendered to defendant…