Wright v. Pope Auctions
The simple facts of this case are that plaintiff hired defendants (Pope) to auction his personal property. The net profits from two auctions were $41,812.51 but plaintiff refused the proceeds when Pope tendered them to him.
Instead, plaintiff sued Pope for various causes of action, including breach of contract for damages of $258,000. After trial, the jury found in favor of Pope, rejecting Plaintiff's claim for damages beyond the amount of the net proceeds. Subsequently, the trial court granted Plaintiff's motion for judgment notwithstanding the verdict (JNOV) and entered judgment in his favor for the unpaid $41,812.51.
Court reject Pope's appeal, in which he tries to argue that Plaintiff did not sue to recover $41,812.51 but instead sought other damages and lost on those claims. Court agree with Plaintiff and the trial court that the evidence demonstrated Plaintiff was entitled to recover the actual net proceeds from the auction. Therefore, the trial court properly granted Plaintiff's JNOV motion. Court also reject the cross appeal in which Plaintiff seeks prejudgment interest. Court affirm.
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