Lynn v. Seby

151 N.W. 31 (1915)

Facts

P agreed to thresh all of D’s grain. P performed but refused to thresh the flax. D was unable to procure threshing and sued in a counterclaim for the damages to his flax that remained through the winter. The contract between P and D was the usual one with no special provisions relating to damages. The counterclaim for damages to the flax by D was dismissed, and P recovered for the amounts owing on the threshing bill. D appealed.