Defendants Sedo, Inc. ad its founder, president and sole shareholder Goran Lucic, appealed a district court ruling that held both the company and Mr. Lucic liable to Plaitiff Holloway Automotive Group d/b/a Holloway Motor Cars of Manchester for breach of contract. Upon review, the Supreme Court affirmed the trial court's enforcement of a liquidated damages provision in the parties' contract, but concluded that the district court lacked jurisdiction to "pierce the corporate veil." Accordingly, the Court reversed the district court's award against Lucic as well as the award of attorney's fees. View "Holloway Automotive Group v. Lucic" on Justia Law
"Homes by George," run by Adelaide and Rick George, developed residential real estate known as "Esther's Estates" in Newton. Homes by George entered into a written contract with Defendant Al Hoyt & Sons, Inc., in which Defendant agreed to perform certain work in connection with the development. Defendant was paid but did not complete the work. Plaintiffs alleged breach of contract and claimed that Defendant violated the State Consumer Protection Act (CPA). Defendant counter-claimed that Plaintiff failed to pay amounts due in accordance with the contract. The trial court bifurcated the proceedings to allow a jury to first determine liability claims. A second trial was held on the contract claims. Plaintiffs won on all liability claims in the first trial, and received damages on its breach of contract and CPA claims at the second. Both parties appealed to the Supreme Court. Plaintiffs challenged the amounts of damages they were awarded by the trial court. Defendant argued that the trial court erred in its finding of violations under the CPA, and in its damages awarded to Plaintiffs. Upon careful consideration of the arguments and the applicable legal authority, the Supreme Court affirmed part and reversed part of the lower court's decision. The Supreme Court found that the grant of damages was appropriate in light of the terms of the contract, the state case law, and the evidence presented at trial. However, the Court questioned how the trial court arrived at the amount of damages. The Court remanded the case back to the trial court for further proceedings on its damages award to Plaintiffs. The Court affirmed the trial court in all other aspects of its decision.
Posted in: Commercial Law, Consumer Law, Contracts, New Hampshire Supreme Court, Real Estate & Property Law