Singh v. Singh
Sukhwinder Singh (hereafter plaintiff) agreed to lease to Randeep Singh (hereafter defendant) a 1997 Utility truck trailer for use in defendants trucking business. After defendant stopped making monthly payments, plaintiff canceled the lease and sought the return of his trailer. When that did not occur, plaintiff filed the instant lawsuit and was successful in recovering the trailer by means of a writ of possession. Repossession of the trailer, however, did not end the parties dispute because plaintiffs complaint also sought recovery of damages for unpaid rent and other losses. At the trial of the damage claims, defendant asserted that it was plaintiff who breached or repudiated the agreement by failing to make certain repairs. The trial court disagreed, found that defendant had breached the agreement, and awarded plaintiff the sum of $17,067. Defendant appeals, claiming reversible error on two grounds: (1) there was insufficient evidence to support the trial courts determination that defendant breached the agreement, and (2) damages were improperly calculated. Court conclude the first ground fails because there is no adequate record on appeal to support the defendants challenge to the sufficiency of the evidence, and the judgment is presumed to be correct. In regard to measure of damages, we agree based on error disclosed on the face of the record that the trial court improperly awarded rental damages for the period of time after possession of the trailer was recovered. Accordingly, Court remand the case to the trial court to recalculate the damage award, but in all other respects the judgment affirmed.
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