Diels v. Kennedy

This is a second appeal. When this case was before us the first time the judgment of the district court sustaining a demurrer to plaintiff’s petition was reversed, and it was held that the petition stated facts sufficient to constitute a cause of action. It was further held that the plaintiff was entitled to recover all his damages, including gains prevented, as well as losses sustained, provided they were *122certain, and sucli as might naturally be expected to follow the breach. Diels v. Kennedy, 88 Neb. 777. When the mandate was returned to the- district court, plaintiff amended his petition.…