(Download) "Full Circle v. Pleun Schelling" by Court of Appeals of Idaho ~ Book PDF Kindle ePub Free

eBook details

Title: Full Circle v. Pleun Schelling
Author : Court of Appeals of Idaho
Release Date : January 21, 1985
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

This action was commenced by Full Circle, Inc., a gasoline and diesel supplier, to collect for fuel delivered to Pleun Schelling, a dairy farmer. Schelling counterclaimed, alleging that he had been charged for fuel not delivered. Schellings counterclaim sought recovery of damages on alternative theories of fraud or breach of contract. The jury found in favor of both claimants, creating offsetting awards that resulted in a net judgment for Schelling. By remittitur, the trial court further reduced the award to Schelling. Both parties appeal. On review, we conclude the trial court did not properly instruct the jury. We therefore vacate the judgment and remand this case for a new trial.