(DOWNLOAD) "Crosby V. Smith" by Arizona Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Crosby V. Smith
- Author : Arizona Court of Appeals
- Release Date : January 22, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The plaintiff-appellants Crosby contracted in writing to sell an unincorporated landscape nursery business to the defendant-appellees Smith. The sale was completed, and thereafter the Smiths timely paid all but $4,461 of the agreed purchase price. The Smiths refused to pay the balance, charging breach of the terms of the contract by the Crosbys which gave rise to offsetting damages. The Crosbys brought this action to collect the remaining $4,461, and the appellant James Crosby also sought additional damages for alleged breach of an employment agreement contained in the contract of sale. Trial to the court resulted in a judgment which granted the Crosbys recovery of the $4,461, less set-offs in the stated amounts of $2,370 for attorneys' fees expense incurred by the Smiths as a result of breach of contract by the Crosbys, and of $750 for an unspecified failure of the Crosbys to abide by the terms of the contract. Recovery under the employment agreement was denied to James Crosby because of his failure to perform the required work properly. Although overlooked by the parties in the trial court and in this court, the judgment erroneously (assuming accuracy of the two offsetting figures) calculates the Crosbys' net judgment at $341, rather than the indicated sum of $1,341. The judgment did not contain any provision with respect to pre-judgment interest.