Charles W. Grimm v. California Spray-Chemical Corporation

This case is here on appeal from an order of the district court granting a new trial. The question presented is whether or not the order is appealable.

Appellant Grimm brought suit against appellee California Spray-Chemical Corporation for damages for breach of warranty of fitness of certain agricultural chemicals sold to him for spraying a peach orchard. The orchard was dam aged or destroyed, allegedly by application of the chemicals. The case was tried to a jury, the sole issues submitted being (1) whether the spray was the cause of the damages and (2) if so, what was the nature and extent thereof. After lengthy deliberation the jury brought in a verdict for appellant in the sum of $4,750.

Eight days after the entry of the judgment appellant moved the court for an order vacating and setting aside that portion of the verdict and judgment wherein the jury fixed and assessed his damages in the sum aforesaid. He moved further for an order granting a new trial on the sole and exclusive issue of the asserted inadequacy of the damages awarded, the motion being predicated on the following grounds: (1) inadequate damages appearing to have been given under the influence of passion or…