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Esposito v. Allen

Court of Appeals of Georgia
Nov 19, 1980
275 S.E.2d 100 (Ga. Ct. App. 1980)

Opinion

60294.

SUBMITTED JULY 2, 1980.

DECIDED NOVEMBER 19, 1980.

Breach of contract. Clayton Superior Court. Before Judge Ison.

Preston L. Holland, for appellants.

Monroe Ferguson, for appellee.


Mr. and Mrs. Esposito brought suit against Mrs. Allen for breach of contract to sell them a child care nursery business valued at $30,000 and the building in which it was housed, also priced at $30,000. Mrs. Allen responded, denying any breach on her part, and filed a cross action seeking punitive damages alleging breach of contract and bad faith by the appellants. At the close of the evidence, Mrs. Allen was allowed to amend her cross complaint to withdraw the request for punitive damages and seek actual damages for loss of value of the business allegedly caused by the appellants. The jury returned a verdict of $15,000 in favor of Mrs. Allen, which was reduced to judgment, and the Espositos appeal. We affirm.

1. The evidence, while showing that the terms of the sales contract had been breached and that the day care business was no longer in operation because of loss of customers, was in conflict as to whether this was due to actions of the Espositos or of Mrs. Allen. Construed in the light most favorable to the prevailing party, however, the evidence was sufficient to support the verdict for Mrs. Allen. Compare Hillard v. Canton Wholesale Co., 151 Ga. App. 184 (1) ( 259 S.E.2d 182) (1979). Moreover, as there was conflicting evidence, the trial court properly denied appellants' motion for directed verdict. Spivey v. Eavenson, 150 Ga. App. 429 (1) ( 258 S.E.2d 54) (1979).

2. Amendment of the cross complaint was not improper under Code Ann. § 81A-115 (a) and (b). Accord, Carreras v. Austell Box Board Corp., 154 Ga. App. 135, 136 (2) ( 267 S.E.2d 792) (1980); Lanier Petroleum v. Hyde, 144 Ga. App. 441 (2) ( 241 S.E.2d 62) (1978). Since the evidence clearly authorized a verdict in Mrs. Allen's favor based on loss of value to the business, appellants' enumerations of error to the contrary are without merit. Judgment affirmed. McMurray, P. J., and Banke, J., concur.

SUBMITTED JULY 2, 1980 — DECIDED NOVEMBER 19, 1980 — CERT. APPLIED FOR.


Summaries of

Esposito v. Allen

Court of Appeals of Georgia
Nov 19, 1980
275 S.E.2d 100 (Ga. Ct. App. 1980)
Case details for

Esposito v. Allen

Case Details

Full title:ESPOSITO et al. v. ALLEN

Court:Court of Appeals of Georgia

Date published: Nov 19, 1980

Citations

275 S.E.2d 100 (Ga. Ct. App. 1980)
275 S.E.2d 100