(Download) "Ponderosa System Inc. v. Brandt" by United States Court of Appeals for the Tenth Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Ponderosa System Inc. v. Brandt
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 03, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

McKAY, Circuit Judge. This suit arises out of a franchisor/franchisee relationship between the plaintiffs and the defendants concerning the operation of a Ponderosa restaurant. After a short and unsuccessful episode as a Ponderosa franchisee, defendants were sued by Ponderosa, which claimed that the defendants had failed to meet certain contractual obligations such as payment for supplies and royalty payments. Defendants counterclaimed, alleging that Ponderosa's breach of contract, breach of implied warranties, breach of duty of good-faith dealing, and fraud had caused defendants' business to fail. All of the counterclaims were predicated on the allegation that the plaintiffs had shipped the defendants inferior quality, defective meat products for use in the restaurant. The case was tried to a jury, which returned a verdict in favor of the defendants on all counts of their counterclaim and on the plaintiffs' claims. Plaintiffs moved for judgments notwithstanding the verdict and for remittitur or new trial. The district court granted plaintiffs' request for judgment notwithstanding the verdict with respect to the fraud claim and ordered a remittitur that was accepted by the defendants.

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