Kerr v. Staufer

MISER, C.

This is the second appeal of this case. At both trials in circuit court appellants Staufer had verdict in their favor. Judgment on the first verdict was reversed -by this court. 52 S. D. 223, 217 N. W. 211, 213. The decision in that case concluded: “If the jury was satisfied by the evidence that defendants had been damaged, their next duty was to determine the amount of the damage which, pro tanto, would be a defense. This necessitated an instruction as to the true measure of damages, which they did not receive. In view -of the fact that a new trial must be had, the answer should be…