Seale v. Emerson

Citations

• 25 Cal. 293

Syllabus

<p>The Verdict must be on Issues Joined.—Plaintiff declared on a special contract to pasture one hundred and forty-seven head of cattle, at one dollar per head per month, for a given time, amounting to three hundred and forty-three dollars. Defendant, in his answer, admitted the contract so far as the number of cattle pastured and rate per head per month were concerned, but alleged that they were to be pastured in a particular field, and that plaintiff did not pasture them in that field, but in another, where the pasturage was poor, and that by this breach of the contract he sustained five hundred dollars damage, which he claimed to recoup. The evidence was confined to the breach of the contract as alleged. The jury found for the plaintiff one dollar damages •, Held, that the verdict was not supported by the evidence, and that if plaintiff obtained a verdict, he was entitled to the full amount claimed in his complaint.</p>