Anderson v. Savoy
Wisconsin Supreme Court
Ajppeal from a judgment of the circuit court for Waukesha •county: MaRtiw L. Lueck, Circuit Judge. This is a second appeal from judgment in the same action, reported 137 Wis. 44, 118 N. W. 217. Upon remittitur, the cause was referred to a referee to take evidence upon-the question of damages, and was then heard in court upon the evidence so taken and upon some other evidence offered in open ■court.
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Ajppeal from a judgment of the circuit court for Waukesha •county: MaRtiw L. Lueck, Circuit Judge. This is a second appeal from judgment in the same action, reported 137 Wis. 44, 118 N. W. 217. Upon remittitur, the cause was referred to a referee to take evidence upon-the question of damages, and was then heard in court upon the evidence so taken and upon some other evidence offered in open ■court. The court found the contract as stated upon the former appeal; the breach thereof by the defendant substantially an there set forth; that the wholesale price of ice during the'season of 1904 was…
1Opinion of the Court
Br the Court.
The finding of the court is not opposed by any clear preponderance of evidence. With that finding, substantially to the effect that plenty of ice could have been purchased at or less than the contract price nearer to plaintiff’s place of business, and that he made no reasonable effort to obtain it, he has failed to establish general damages in any amount. Whether there might, nevertheless, be actual damages in the way of disturbance of business before plaintiff could • obtain ice elsewhere when defendant unexpectedly failed to deliver it, or for expenses incurred in searching for…
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