Cairns v. Johnson
After a court trial, the trial court found that defendants Jimmy Johnson and Deborah Johnson committed fraud and breached fiduciary duties in connection with a purchase of real property. The trial court reformed the deed to the property to remove the Johnsons from title, and to confirm plaintiffs Neil Cairns and Verla Cairns as the sole owners of the property. The trial court also found that the Johnsons conduct was outrageous and maliciously oppressive. It therefore awarded plaintiffs general damages for emotional distress of $50,000 and punitive damages of $50,000.
The Johnsons appeal, contending the emotional distress damages are unsupported by substantial evidence. They also argue that the punitive damages award should be reversed because there was no evidence of their financial condition.
The award of punitive damages is reversed for insufficiency of the evidence. In all other respects, the judgment is affirmed.
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