(DOWNLOAD) "Gilmore v. Duderstadt" by New Mexico Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Gilmore v. Duderstadt
- Author : New Mexico Court of Appeals
- Release Date : January 28, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Gerald R. Cole, District Judge OPINION {1} This appeal and cross-appeal arise from a breach of contract action involving an agreement between Plaintiff James R. Gilmore (Gilmore) and Defendants Robert and Laura Duderstadt (the Duderstadts) to operate and purchase the Duderstadts' fast-food restaurant business, Defendant Laubo Corporation (Laubo). On appeal, Gilmore contends that the trial court erred in (1) directing a verdict in favor of the Duderstadts and Laubo (collectively, Defendants) on his breach of contract claim relating to the purchase portion of the contract; (2) directing a verdict on his claim for punitive damages; and (3) denying his costs. In their cross-appeal, Defendants challenge the sufficiency of the evidence supporting the jury verdicts in favor of Gilmore on his claims for breach of contract relating to the employment portion of the contract and negligent misrepresentation. Defendants also contest the award of prejudgment interest in favor of Gilmore, and claim that they are entitled to their post-offer of judgment costs under Rule 1-068 NMRA 1998. {2} We reverse the trial court on all issues raised in the direct appeal, affirm on the issues raised in the cross-appeal and remand for a new trial on the merits of the breach of contract claim relating to the purchase portion of the contract and to determine whether punitive damages should be awarded.
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