Bell v. First Columbus Nat. Bank

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• adopting approach set forth by the North Dakota Supreme Court—“either diminution in value or cost of repair is the appropriate measure of damages for waste”
• involving a party who attempted to raise an affirmative defense for the first time during the course of a trial and later on motion for judgment notwithstanding the verdict
• allowing bank to “proceed upon a reasonable cost of replacement and repair theory” “where replacement of damaged or missing fixtures with new items is the only practicable means of restoring the facility to a valuable, marketable condition”
• affirmative defenses neither pleaded or tried by consent are deemed waived

Source: CourtListener parenthetical corpus (CC0).