In
Johnson
v.
Healy (I),
As we recognized in
Johnson
v.
Healy (I),
supra, 106, a standard of damages measured by diminution in value “is notoriously more difficult to apply than to state.” When damages are difficult to prove, the proponent is required to prove damages with the precision which the facts permit, but no more.
Bead Chain Mfg. Co.
v.
Saxton Products, Inc.,
On the plaintiff’s appeal seeking higher damages, we find no merit in the argument that the trier was bound to accept the testimony of the plaintiff’s expert witnesses. “The acceptance or rejection of
On the defendant’s appeal, although three issues are listed in the statement of issues, only one issue has been addressed in argument in the brief. The defendant maintains that there was insufficient evidence before the trial court to justify even the award of $2750. The trial court relied in part upon the opinion of the defendant’s expert witness, but found his estimate of a $2000 diminution in value
There is no error.
Notes
We note that neither party’s brief in this court has responded in any fashion whatsoever to the arguments raised by the opposing brief’s appeal or cross appeal. We deplore this lack of responsive briefing.
