John Call Engineering v. Manti City

HELD. - Evidence did not support reduction of damages for failure to mitigate them. Any error in permitting amendment of answer immediately before trial was harmless, where evidence on the amended defense was not introduced. The jury was inadequately instructed on the measure of damages. The court should have directed a verdict or granted judgment notwithstanding the verdict for the minimum amount shown as damages. Expert witness fees could not be recovered beyond statutory amounts.