Fogg v. Hall

In this action of assumpsit on account annexed to the writ, plaintiff seeks to recover a balance of $743.10, for “the production,” between September 1, 1933, and July 1, 1934, of 66,670 quarts of milk, at 4% cents a quart; the general issue having been pleaded, there was joinder in issue. The jury decided for plaintiff, awarding $720.78.

Whether the verdict is against law and evidence, and whether the damages assessed are excessive, is raised for review by motion for new trial. Exceptions were not preserved.

There is, on the record, no question as to the total amount of milk produced and…