Long Beach Fisheries Co. v. Curtis Corp.

This action is one for an accounting and for damages alleged to have resulted from the breach of a contract. For convenience the plaintiff and respondent will be referred to as the company, and the defendant and appellant as the corporation. Both are engaged in the business of canning fish. The agreement in question constituted a joint fishing arrangement. One of the principal objects intended to be accomplished was to make such provision that both would be able to run their fish canning operations continuously. The writing reads as follows:

The trial court found that this agreement was modified by mutual consent of the parties by the following letter:

Several of appellant’s contentions have merit, but the error committed in the admission of evidence upon the subject of damages under the second cause of action is of such a character as.to require a new trial.

Assuming that the evidence showed the corporation to have broken its contract concerning the delivery of blue fin tuna, it was incumbent upon the company, in order to make out a case for damages for such breach, to prove by competent evidence its actual loss resulting therefrom. It might have proved the reasonable market…