Pacey v. Moine
Appellant moved for a new trial on the basis that the damages were excessive and there was insufficient evidence to justifythe damages awarded. Appellant argued that, viewed in the light most favorableto respondent, the evidence at trial indicated that respondent "is due menseprofits [sic] of $12,270," not $36,000 as the jury found. Appellant thus asked for a new trial on the issue of damages unless respondent consented to areduction of damages to the lesser sum. At no time did appellant contend thatmesne profits was an improper measure of damages.
The court denied the motion for new trial, noting evidence had been given by defense witnesses "talking about [a] reasonable rental rate" of$38,000. Appellant appealed the judgment. The judgment isaffirmed. Respondent is to recover his costs on appeal.
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