David E. Davis and Sandra J. Davis V. Book Reviews

David E. Davis and Sandra J. Davis V. by Court of Appeals of Idaho No. 15805 Book Summary

This appeal marks the parties' third appearance in our Court. Appellants Gage are the sellers, and respondents Davis are the buyers, of real property where a restaurant-tavern is located. In Gage v. Davis, 104 Idaho 48, 655 P.2d 942 (Ct.App.1982), we examined a title dispute over a strip of land between the subject property and adjacent property retained by the sellers. In Davis v. Gage, 106 Idaho 735, 682 P.2d 1282 (Ct.App.1984) (herein termed Davis II), we reviewed a judgment awarding compensatory and punitive damages for the sellers' breach of a noncompetition agreement, for intentional infliction of emotional distress, and for the wrongful severance of a sewer line. We disallowed any recovery for emotional distress and we remanded the case for a redetermination of damages on the other claims. The district court then conducted an additional hearing and entered a modified judgment. The sellers have appealed again, urging that the trial court failed to follow our instructions on remand. For reasons explained below, we affirm the modified judgment. The facts relating to the breach of the noncompetition agreement and to the wrongful severance of the sewer line are recited by our opinion in Davis II and need not be repeated here. With respect to the noncompetition claim, the district court in Davis II found that a breach had occurred and that the sellers' conduct warranted both compensatory and punitive damages. On appeal we upheld the propriety of compensatory and punitive awards, but we directed the district court to reconsider the amount of the punitive award. The grounds stated by the district Judge could have been interpreted to include not only the deterrence of wrongful future conduct, a proper function of punitive damages, but also the recovery of additional compensatory damages. We instructed the court to focus upon deterrence. After the hearing on remand, the district Judge re-entered judgment containing a punitive damage award of $10,000, the same amount awarded in Davis II. The Judge explained that this sum was, and earlier had been, intended to deter wrongful future conduct, rather than to provide additional compensatory damages.

👋 Do you love David E. Davis and Sandra J. Davis V. books? Please share your friends!

David E. Davis and Sandra J. Davis V. (Court of Appeals of Idaho No. 15805) Book Reviews 2024

Court of Appeals of Idaho No. 15805 - David E. Davis and Sandra J. Davis V. Discussions & Comments

Have you read this book yet? What do you think about David E. Davis and Sandra J. Davis V. by Court of Appeals of Idaho No. 15805 book? Ask the bookpedia.co community a question about David E. Davis and Sandra J. Davis V.!