From our private database of 14,200+ case briefs...
Bail v. Cunningham Brothers, Inc.
United States Court of Appeals for the Seventh Circuit
452 F.2d 182 (7th Cir. 1971)
Bail (plaintiff) brought suit against Cunningham Brothers, Inc. (Cunningham) (defendant), seeking $100,000 in damages. Before the trial, Bail filed a motion to amend the complaint by changing the ad damnum clause to $250,000. The district judge denied the motion. At trial, Cunningham’s main argument was that it was not liable at all; it therefore did not focus any of its arguments on the amount of damages. The jury found in favor of Bail and awarded him $150,000—$50,000 above the amount in the complaint. Subsequently, Bail filed a post-trial motion to amend the ad damnum clause to $150,000. The motion was granted. Cunningham appealed, seeking a remittitur of $50,000. Cunningham argued that it would have argued damages had it known the possible relief would be higher.
Rule of Law
Holding and Reasoning (Pell, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 239,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.