California Court of Appeal

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Baker v. Am. Horticulture Supply, Inc., B212975

In an independent wholesale sales representative's suit for breach of contract, promissory fraud, and a violation under the Independent Wholesale Sales Representatives Contractual Relations Act of 1990, judgment of the trial court is affirmed in part and reversed in part where: 1) the trial court did not abuse its discretion in granting a new trial on the breach of contract and promissory fraud claims in concluding that the award of damages was excessive and that plaintiff was not entitled to a 10% commission in alleged sales; and 2) trial court's grant of defendant's motion for a directed verdict on the violation of the Act claim is reversed as the evidence is sufficient to support a finding that defendant willfully failed to enter into a written contract as required by the Act.

Appellate Information

  • Decided 06/24/2010
  • Published 06/24/2010

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Court

  • California Court of Appeal

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