United States Eighth Circuit

In a breach of contract action arising out of a commission agreement entered into by the parties, judgment for plaintiff is affirmed where: 1) the affirmative defense of waiver of breach by acceptance of benefits did not apply; 2) the agreement was unambiguous in its treatment of different accounts as separate, and thus the district court did not need to submit the issue of severability to the jury; 3) the district court properly awarded plaintiff prejudgment interest because a method existed for calculating plaintiff's damages at the time of the loss; and 4) fee awards based in part on a contingency agreement are permissible under Arkansas law.

Appellate Information

• Decided 10/01/2009
• Published 10/01/2009

Judges

• BOWMAN, Circuit Judge., Before MURPHY, BOWMAN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Brandon J. Harrison, argued, Jonesboro, AR (Andrew H. Dallas, and Barry Deacon, on the brief), for appellant.


• For Appellees:
  
• Robert M. Cearley, Jr., argued, Little Rock, AR, for appellee.