B. T. Moran, Inc. v. First Security Corp.

I concur in the result on the ground that neither by evidence nor by findings of fact was it shown what damages with any degree of certainty were sustained by the defendant on its counterclaim, except the conclusion that the defendant sustained damages in the sum of $2,000 as the result of plaintiff’s breach of the contract. What the nature, character, or extent of the damages were was not found. But the disposition of the case lies deeper than that.

An order was given by the defendant at Salt Lake City to the sales agent of the plaintiff, whose home office was in Chicago, for the purchase of…