Summary
In Faber v. Hovey (1 Wkly. Dig. 529) the General Term in the first department held that the correct rule of damages is to award the plaintiff the profits which it could have made upon the manufacture and sale of the same quantity of goods manufactured and sold by the defendant.
Summary of this case from Westcott Chuck Co. v. Oneida National Chuck Co.Opinion
Argued February 13, 1878
Decided March 26, 1878
Ambrose Monell for appellants.
John S. Washburn for respondent.
ALLEN, RAPALLO, ANDREWS and EARL, JJ., agree to affirm without opinion. MILLER, J., reads for reversal and new trial, unless plaintiff stipulates to reduce damages to nominal damages. CHURCH, Ch. J., concurs on ground that a case was not made out for damages. FOLGER, J., concurs on ground that the basis for damages was erroneous.
Judgment affirmed.