California Court of Appeal

Judgment for plaintiff finding defendant breached the warranty of authority and provisions of a settlement agreement with plaintiff, but exonerating defendant on the intentional and negligent causes of action is: 1) affirmed as to the finding that defendant is liable for misstating his authority to bind a group of real estate businesses in the course of agreeing to buy out plaintiff, his former partner, and for breaching provisions of the settlement agreement; 2) affirmed as to the denial of defendant's motion for judgment notwithstanding the verdict; and 3) affirmed as to the grant of a new trial on the issue of the precise amount of damages which plaintiff may recover, but the new trial order is modified and extended to include the issue of defendant's liability for lack-of-good-faith breach of an agent’s warranty of authority, because the jury returned an inconsistent verdict.

Appellate Information

• Decided 04/16/2013
• Published 04/16/2013

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel