Nanny v. H. E. Pogue Distillery Co.

Full title: J.V. Nanny, Trading as Merchants Wholesale, Appellant, v. H. E. Pogue…

Court: Appellate Court of Illinois

Date published: Nov 3, 1948

335 Ill. App. 571 (Ill. App. Ct. 1948)

82 N.E.2d 366

Opinion

Gen. No. 44,364. (Abstract of Decision.)

Opinion filed November 3, 1948 Released for publication December 2, 1948

DAMAGES, § 315^_ — nominal damages for whiskey distillery's breach of contract. In wholesale whiskey dealer's action against distillery for damages for breach of contract for sale of whiskey, assessment of nominal damages was proper where dealer claimed special damages on ground that he had a contract for resale of whiskey but failed to show that he had, in mitigation of damages, attempted to purchase comparable whiskey on market.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. E.J. SCHNACKENBERG, Judge, presiding.

Affirmed. Heard in the third division, first district, this court at the February term, 1948.

Beckman, Healy, Newby Hough, for appellant;

William H. Tate, for appellee;

Sydney Krause, of counsel.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed November 3, 1948; released for publication December 2, 1948.