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California Court of Appeal


Kurtin v. Elieff, G043999

In a case where the trial court held defendant liable for misstating his authority to bind a group of real estate businesses in the course of agreeing to buy out his former partner, plaintiff, the trial court's rulings are: 1) affirmed as to the post-trial order denying defendant's motion for judgment notwithstanding the verdict judgment; and 2) affirmed as to the trial court's grant of a new trial as to the issue of the precise amount of damages which plaintiff may recover; and 3) modified for the new trial order to provide for the trial of liability under Civil Code section 2343 for lack-of-good-faith breach of an agent's warranty of authority, as well as damages.

Appellate Information

  • Decided 06/28/2012
  • Published 06/27/2012

Judges

  • RYLAARSDAM

Court

  • California Court of Appeal

Counsel

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