The question of damages being one for the jury, a reviewing court should not interfere unless the damages are either so small or so excessive as to justify the inference of gross mistake or undue bias.
(Orig. Code 1863, § 2888; Code 1868, § 2896; Code 1873, § 2947; Code 1882, § 2947; Civil Code 1895, § 3803; Civil Code 1910, § 4399; Code 1933, § 20-1411.)
RESEARCH REFERENCES
C.J.S.
- 25 C.J.S., Damages, §§ 105 et seq., 108 et seq.
ALR.
- Inadequacy of verdict as ground of complaint by party against whom it is rendered, 31 A.L.R. 1091; 174 A.L.R. 765.
Rate of exchange to be taken into account in assessing damages for breach of contract, 50 A.L.R. 1273; 105 A.L.R. 640.
Value of contractor's own services not rendered because of breach, as deductible item in computing damages for breach of contract, 50 A.L.R. 1397.
Power of court to reduce or increase verdict without giving party affected the option to submit to a new trial, 53 A.L.R. 779; 95 A.L.R. 1163.
Measure of damages for breach of contract for sale or purchase of equipment, supplies of gasoline, etc., used in operation of gasoline filling station, 81 A.L.R. 99.
Rule requiring reduction of future payments to present worth as applicable to determination of damages for breach of contract of employment, 90 A.L.R. 1318.
Burden of proving value of relief from performing contract in suit based on defendant's breach preventing or excusing full performance, 17 A.L.R.2d 968.
Right to recover, in action for breach of contract, expenditures incurred in preparation for performance, 17 A.L.R.2d 1300.
Question, as one of law for court or of fact for jury, whether oral promise was an original one or was a collateral promise to answer for the debt, default, or miscarriage of another, 20 A.L.R.2d 246.