[Download] "Dierker Associates v. Jay D. Gillis" by Eastern District, Division Four Court of Appeals of Missouri # eBook PDF Kindle ePub Free

April 07, 2021

eBook details

Title: Dierker Associates v. Jay D. Gillis
Author : Eastern District, Division Four Court of Appeals of Missouri
Release Date : January 22, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

Defendant J.D. Gillis filed a counterclaim against plaintiffs seeking damages for breach of contract and fraudulent misrepresentation
arising out of plaintiffs' failure to complete the purchase of his chiropractic practice and office equipment. The jury returned
a verdict in his favor and awarded him $145,020 in damages on the breach of contract claim and $88,900 actual damages and
$145,020 punitive damages on the fraudulent misrepresentation claim. The trial court entered judgment in accordance with
the verdicts, overruled plaintiffs' post-trial motions and granted Gillis prejudgment interest in the amount of $86,286.90
on the breach of contract claim. Plaintiffs appeal from this judgment. They challenge the submissibility of both claims, the
instructions given on both claims, the reception of the verdicts, and the award of prejudgment interest. We affirm the judgment
on the breach of contract claim, the award of prejudgment interest, and the finding of liability on the fraudulent misrepresentation
claim, but set aside the damage award on the fraudulent misrepresentation claim and reverse and remand for new trial on the
issue of damages on the fraudulent misrepresentation claim. FACTUAL BACKGROUND