(Download) "Wolfsen V. Hathaway" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Wolfsen V. Hathaway
- Author : Supreme Court Of California
- Release Date : January 28, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Plaintiffs brought this action to recover damages for the destruction of grass and grain growing on land leased by them for pasturage. The damages occurred as the result of some farming operations undertaken by defendants W. L. Hathaway and Seth Cole, claiming to have acted in reliance upon an oral agreement for the written lease of the land for farm cultivation. Upon the completion of the trial testimony and in response to plaintiffs' motion premised on the theory that there was no evidence validating the existence of said defendants' alleged oral agreement, the court "directed . . . a verdict in favor of [plaintiffs] on actual and compensatory damages," with the amount thereof to be fixed by the jury, but on the issue of "punitive damages" the court left "the question . . . entirely to the discretion of the jury," both as to the matters of allowance and amount. Thereupon the jury returned a verdict against each of said defendants for compensatory damages in the sum of $15,410, and against defendant W. L. Hathaway as "exemplary or punitive damages" the further sum of $15,000. From the judgment accordingly entered against them, defendants W. L. Hathaway and Seth Cole prosecute this appeal. The owners of the land were also named as codefendants in this action, but in pursuance of the court's instruction, the jury returned a verdict in their favor, judgment was so entered, and they are not parties to this appeal.
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