DocketNumber: No. 21909
Citation Numbers: 107 Neb. 862
Judges: Aldrich, Dickson, Elansburg, Morrissey, Rose, Stauffer
Filed Date: 3/1/1922
Status: Precedential
Modified Date: 9/9/2022
This is an action at law brought to recover excessive
There are no complicated propositions of law. The principal question is one of fact, and the jury have passed upon the sufficiency of the same and the relation of these facts to the respective parties.
Appellant cites the legal proposition: “Where damages are susceptible of actual computation, the amount thereof should not be left to conjecture.” Paxton & Gallagher v. Vadbonker, 1 Neb. (Unof.) 776. This citation is correct and states the law, but it is not controlling under the facts. The jury have passed upon the facts, and we will not disturb their finding.
Another proposition is: “An instruction in which it is attempted to include all the elements of the issues necessary to a finding for one of the parties to a suit and from which is omitted a material element is erroneous.” Levy v. Cunningham, 56 Neb. 348. The disputed questions of fact were submitted to the jury. The evidence is sufficient to support the finding, and under the established rule the verdict will not be disturbed. The jury obviously considered the debits and credits to this transaction and made the proper allowance under the facts.
There is nothing remaining for us to consider and on the record we must affirm the judgment.
Affirmed.