Heisler v. Merchants Cold Storage & Ice Manufacturing Co.

This was an action to recover damages for the breach of a cold storage contract by which the defendant undertook “to take due and proper care” of 180 bags of onions. There was a verdict and judgment for the'defendant.

The notice of motion put a value of $1.70 per bag on the 180 bags, amounting to $306.00, and claimed for a total loss by reason of negligently permitting the temperature to get so low as to freeze the onions. It was incumbent on the plaintiffs to prove the extent of their loss.

So much of the notice as need be recited was as follows: “That heretofore, to-wit, on the 20th day of…