Cub (P) sued Fairmont (D) for a breach of contract to buy 17,500 tons of coal at $6.50 per ton f.o.b. Three trials were had before a jury, and the verdict went to D on two of them. On the last one, the verdict went to P for $1. P appealed. The issue was over 11 related instructions regarding the measure of damages. The trial court refused a new trial. The Court of Appeals ordered additur if the parties could reach agreement and if not it ordered a new trial. The parties did not reach agreement and the new trial for damages and the counterclaim was ordered. D appealed.

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