Nevins v. Scace

Citations

• 116 Wash. 215
• 199 P. 305
• 1921 Wash. LEXIS 828

Syllabus

<p>Damages (3, 106)—Certainty as to Amount—Evidence—Admissibility. Upon an issue as to damages through an architect’s breach of contract in the preparation of plans and specifications for a hospital building, which could not be constructed within the estimate, an item of damages in the sum of $1,000 for costs of excavating the basement for the building, prior to discovery of inability to bring the expense of construction within the estimate, was properly withdrawn from the jury, where the excavation also included a cesspool and a long drain leading thereto, which were not included in the plans, and the defendants were unable to segregate the cost of the cesspool and drain items from the excavation.</p> <p>New Trial (19)—Verdict Contrary to Evidence—Power of Court. The inability of the court to follow the minds of the jury in arriving at a verdict upon conflicting claims of the parties is not a ground for the granting of a new trial.</p>