Truth Seeker Co. v. Durning

CHASE, Circuit Judge (dissenting).

Ordinarily damages may not be recovered unless they are pleaded. Pacific Coin Lock Co. v. Coin Controlling Lock Co, 9 Cir., 31 F.2d 38. The record here shows not only that no damages were pleaded but that none were claimed in the court below.

Nor does the appellant now claim damages of any kind. It apparently is seeking an award of costs primarily, if not wholly, because of their supposed punitive effect as is shown by the following sentence from its brief. “The small bill of costs to which the appellant is entitled as a matter of law would have deterred any…