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Barrett v. Wallin

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Tuesday, November 12, 2013

A-13-0326, Barrett (Appellant)  v. Wallin (Appellee/Cross-Appellant)

Chase County, District Court Judge David W. Urbom

Attorney for Appellant:  George Zeilinger, Lori A. Zeilinger

Attorney for Appellee/Cross-Appellant:  Todd R. McWha, Patrick M. Heng, Angela M. Franz (Waite, McWha & Heng)

Civil Action:  Breach of contract

Action Taken by Trial Court:  After trial, the district court found that the appellant had not presented sufficient evidence and had failed to prove that he was entitled to a judgment for the trade-in allowance on the pickup truck or for amounts paid to the appellee.

Assignments of Error on Appeal:  The appellant contends that the district court erred in dismissing his case for failing to prove damages for breach of contract when the parties tried the case by implicit agreement of assumpsit and that the trial court erred in failing to order the appellee/cross-appellant to reimburse appellant for the value of his 1996 pickup plus the amounts deducted from his paychecks to pay for the 2007 and 2010 pickup trucks. On cross-appeal, the appellee/cross-appellant contends that the district court erred in denying, as not relevant, all evidence of the appellee/cross-appellant’s monetary expenditures on behalf of the appellant.


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