Spencer Kellog & Sons, Inc. v. Providence Churning Co.

This is an action to recover damages for breach of contract by refusing to take goods in accordance with the terms of the contract. The trial in the Superior Court resulted in a verdict for the plaintiff for $12,113.85. The defendant made a motion for a new trial on the usual grounds. The trial justice refused to disturb the verdict ©f the jury that the defendant was liable but held that the amount of damages awarded was not supported by the evidence and granted a new trial unless the plaintiff should remit all damages in excess of $12,097. The plaintiff filed a remittitur and the case is…