HARE v. PEACOCK DAIRIES (1938)

District Court of Appeal, Fourth District, California.

James H. O'HARE and Peter C. O'Hare, as Copartners Doing Business under the Firm Name and Style of O'Hare Bros., Plaintiffs and Appellants v. PEACOCK DAIRIES, Inc. (a Corporation), Defendant and Respondent.

Civ. 1842.

Decided: May 14, 1938

Joseph Scott, of Los Angeles, and Claflin & Dorsey, of Bakersfield, for appellants. Harvey, Johnston & Baker, of Bakersfield, for respondent.

This is an appeal by plaintiffs from that portion of a judgment which fixed their damages for breach of contract at the sum of $10,158.24. The questions of the amount of damages awarded, the proper measure of damages and prospective damages are involved here.

This appeal is from a judgment which is the same as that involved in the case of O'Hare et al. v. Peacock Dairies, Inc., Cal.App., 79 P.2d 433, the opinion in which cause has been filed this day. The two appeals are separate and have their own briefs and records. The questions presented on this appeal have all been considered and decided in that case and furnish our reasons and authorities for the decision of this appeal.

The judgment is reversed and the cause is remanded for new trial solely upon the issue of the amount of damages, with directions to the trial court to retry the issue of the amount of damages only; to amend its findings of fact and conclusions of law in accordance with the evidence so taken and the views expressed herein, and to render judgment in favor of plaintiffs for the amount of damages so found upon a determination of that issue.

MARKS, Justice.

We concur; BARNARD, P. J.; JENNINGS, J.

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