Morris v. Huber

OPINION

By BARNES, J.

The trial court was of the opinion that the plaintiff had failed to introduce any competent evidence of damages and this being an essential element in the case nothing remained for the jury to consider.

We think the court was in error in thus directing a verdict for defendant.

We quote from the First National Bank of Barnesville v Western Union Tel. Co., 30 Oh St, 555, first syllabus:

“In case of a breach of contract, actual damages not being proved, nominal damages may be recovered.”

Also at page 568 of the opinion:

“But the plaintiff was entitled to recover nominal damages.…