The Pacific Reporter

Cover The Pacific Reporter
The Pacific Reporter
Wyoming. Supreme Court
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8. Same— Breach of Agreement not to Revoke— Damages.
In an action for damaf^es caused by an alleged breach of a contract of agency, the plaintiff failed to prove with reasonable certainty the amount of damage sustained, . but left such damages to be fixed entirely by the jury. Held sufficient ground for a new trial.
Department 1. Appeal from superior court* city and county of San Fran- cisco; John Hunt, Judge.
Action by Lyman C. Parke and Benjamin T. Lacy, against A. H. Frank, doing business as
... A. H. Frank & Co., to recover for damages arising out of a breach of a contract of agency. Judgment for plaintiffs, and defendant ap- peals.
Charles P. Eells, for appellant. H, C. Newhall and E, N, Deuprey, for respondents.
McKiNSTBY, J. The main contention of the appellant in the court below was that the contract of agency, not being for any definite terra, was revoca- ble at the will of the principal' Appellant claims that the rulings of the su- perior court alleged to be erroneous are exemplified by the portion of its charge to the jury which reads: "Xoperiodof time was mentioned.


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