A-22-0074, English Estates, Inc. v. Champion Kearney, LLC (appellant)
Buffalo County District Court, Judge Ryan C. Carson
Attorney for Appellant: Jared J. Krejci (Smith, Johnson, Allen, Connick & Hansen)
Attorney for Appellee: David C. Briese (Crary, Huff, Ringgenberg, Harnett & Storm, P.C.)
Civil Action: Breach of Contract, Motion in Limine, Jury Instructions, Appeal from County Court to District Court
Action Taken by Trial Court: The district court affirmed the judgment of the county court.
Assignments of Error on Appeal: Champion Kearny, LLC, assigns that the county court: erred in giving the jury an instruction that misstates the law on quantum meruit or unjust enrichment; erred in giving its accord and satisfaction instruction because it misstates the elements of an accord and satisfaction; erred in giving its agency instruction because it did not include an instruction on apparent agency or failed to give a separate apparent agency instruction; erred in giving a limiting instruction regarding an agreement or proposal because it was without any basis and improperly suggestive; erred in sustaining and enforcing at trial four subparts to English Estates, Inc.’s first motion in limine; erred in sustaining and enforcing at trial English Estates Inc.’s second motion in limine and requiring a limiting instruction regarding a proposed settlement; erred in sustaining and enforcing at trial a subpart of English Estate Inc.’s third motion in limine; erred in sustaining English Estates Inc.’s objection during Champion Kearney, LLC’s closing argument; and erred in affirming the judgment of the county court based on these errors.