Clayton v. Aluma-Lock Corp.
Clayton v. Aluma-Lock Corp.
Opinion of the Court
This was an action to recover damages for breach of warranty. The defendant corporation, which is in the roofing business, installed a new roof on plainitff’s
The grounds of these motions were that there was no evidence of breach of warranty and that the damages proven were speculative. The evidence was in conflict, but there was sufficient evidence to justify the jury in finding that the roof put on the house by the defendant leaked and caused the damage complained of. There was no error in the rulings. No new or disputed question of law is involved and nothing would be gained by a discussion of the evidence.
The judgment is affirmed.
090onmotiontostrike
ON OBJECTION TO COST BILL
On Appellant’s Objection to Cost Bill
Respondent’s cost bill includes an item reading “Respondent’s printed brief, 35 pages including cover, at $2.00 per page under old rule 19 - - - $70.00.” This is followed by a note explaining that the brief was printed by electric typewriter, and that “printing” is defined in Webster’s New International Dictionary in part: “Act, art, or practice of impressing letters, characters, or figures on paper, cloth, or other material * *
The appellant has objected to the item on the ground that no printed brief was ever filed by the respondent. Rule 19, § 2, in effect at the time the appeal was taken, provided that the party awarded costs was entitled “to recover actual cost of printing his * * * brief * * * in the sum of not more than $2.00 a page.” (Italics added.) On July 13,1954, the respondent moved the court for leave “to file herein typewritten briefs,” supporting the motion by her affidavit in which she said among other things, “to require me to pay an estimated $60.00 to $75.00 printing costs for respond
Even though it be true that a dictionary definition of “printing” may be found broad enough to include typing on a typewriter, electric or otherwise, we had not supposed that there was any member of the bar who thought that the rules of this court touching the allowance of costs for printing briefs covered typewritten briefs. Obviously, neither the respondent nor her counsel entertained any such notion at the time that they applied to the court for leave to file a typewritten brief in order to save the cost of printing.
The objection to the cost bill is allowed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.