LOGGING/HOUSE CONTRACT: $75,348.18 verdict for logger/contractor against property owner upset by loss of “specimen trees” properly amended to reflect $50,348.18 as breach of contract damages rather than mutually exclusive unjust enrichment, and to vacate $25,000 for breach of implied covenant as double recovery… prejudgment interest denied due to uncertainty of amount of recovery… J. Brown affirmed. [Read more…]
$964,932 default judgment, ranch sale, spring flow
DEFAULT JUDGMENT: $964,931.63 including $380,875 punitives to seller in ranch sale in which buyer alleged misrepresentation of spring flow… Cybulski. [Read more…]
Verdict amendment, logging/home construction
VERDICT AMENDMENT: $75,348.18 verdict for logger/contractor against property owner amended to reflect $50,348.18 as breach of contract damages rather than mutually exclusive unjust enrichment damages, and to vacate $25,000 for breach of implied covenant as double recovery… J. Brown. [Read more…]
$75,348.18 verdict, logger/contractor counterclaims
VERDICT: $75,348.18 for Defendant/Counter-Claimant logger/contractor against property owner for breach of oral logging/home construction contracts. [Read more…]
Courts, Justice Court to District Court
COURTS: Claim of error in allowing amendment in District Court to add claim in residential lease dispute that had not been pled in not-of-record Justice Court not preserved… references to not-of-record Justice Court testimony not precluded in trial de novo, do not suggest that Judge was influenced by JP’s decision, [Read more…]