Gifford-hill-western, Inc. v. Anderson

Gifford-Hill-Western, Inc., sued Rodney Anderson for $3,755.92 balance claimed to be due on a purchase contract of a sprinkler system, recognizing in its complaint delays in the ability of Anderson to operate the system but asserting his acquiescence thereto. Defendant admitted the contract, denied that the delays were his fault, and stated that because of the late installation of the system the growth of the sugar beets on the premises was arrested and resultant damages were sustained by defendant in the amount of $5,625. In addition to his defending on that ground, Anderson filed a counterclaim for the mentioned amount. The case was tried to a jury which rendered a verdict, finding that plaintiff was entitled to the unpaid balance of the contract, $3,755.92, and $512.52 interest, for a total of $4,277.44, and they further assessed defendants damages in the sum of $4,170, leaving a difference of $107.44 due to plaintiff. From - Page 502 that part of the judgment entered on this verdict awarding defendant damages, plaintiff has appealed, urging that Anderson was not the real party in interest, that he had waived his right to insist that the contract should have been performed prior to April 1, 1969, and was estopped by his conduct from holding appellant to that date, that Anderson had failed to prove damages, could not recover for consequential damages, and that the damage to the sugar beets if any was not the result of the failure to install the sprinkler system by April 1, 1969.