Burgermeister Brewing Corp. v. Bowman

This litigation commenced in 1954. Plaintiff (“Burgermeister”) filed a complaint against defendant (“Bowman”) for $18,027.14 for beer sold and delivered. Bowman’s answer admitted the indebtedness but he cross-complained for damages for Burgermeister’s repudiation (by premature termination) of a beer distributorship contract. A first trial and jury verdict for Bowman on his cross-complaint was appealed by Burgermeister and reversed and remanded for retrial for error in instructions. (San Francisco Brewing Corp. v. Bowman, 52 Cal.2d 607 [343 P.2d 1].) In the first trial Bowman had claimed (1)…