Lazier Gas Engine Co. v. Du Bois

Citations

• 130 F. 834
• 65 C.C.A. 172
• 1904 U.S. App. LEXIS 4230

Syllabus

<p>a. Trial — Evidence—Withdrawal—Curing Error.</p> <p>In an action for breach of contract the erroneous admission of irrelevant evidence respecting certain profits sued for was cured by a positive instruction directing the jury not to consider it.</p> <p>2. Sales — Manufactured Articles — Breach of Contract — Profits—Dam-</p> <p>ages.</p> <p>Where,' in an action for breach of a contract tp manufacture and sell certain machinery, plaintiff showed that the average profits made during the 16 months in which the contract was performed was $911 per month, a verdict allowing plaintiff profits at that rate during the 8 remaining months of the contract period after breach was not objectionable on the ground that such profits were remote and speculative.</p> <p>3. Same — New Trial — Instructions—Noncompliance.</p> <p>t. Where a verdict on the whole was just, and certain instructions as to the measure of damages given by the court, and apparently disregarded by the jury, were erroneous, the court was not bound to grant a new trial on the ground that the jury disregarded such instructions.</p> <p>4. Same — Review.</p> <p>. Neither the verdict of a jury nor the exercise of the trial court’s discretion in refusing a new trial may be reviewed on appeal to the Circuit Court of Appeals unless the court’s discretion in denying a new trial was abused.</p> <p>II2. Contracts for sale of articles to be produced or manufactured, see note to Star Brewery Co. v. Horst, 58 C. C. A. 363.</p>