McCoolidge v. Oyvetsky

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McCoolidge v. Oyvetsky

Case Number
Call Date
January 5, 2016
Court Number
Case Summary

S-14-1135 James McCoolidge (Appellant) v. Daniel Oyvetsky, Car and Truck Center, LLC, a Tennessee Limited Company, and Travelers Casualty and Surety Company of America

Douglas County, Judge Shelly R. Stratman

Attorneys: Thomas M. White, C. Thomas White & Amy S. Jorgensen (White & Jorgensen) (Appellant) ' Terry J. Grennan (Cassem, Tierney, Adams, Gotch & Douglas)

Civil: Breach of contract and intentional infliction of emotional distress

Proceedings Below: The district court found that appellees breached the contract by not timely delivering good title, but that the breach was mitigated by the fact that appellant later received good title. The court found that there was no evidence upon which to base an award of damages and that the damages sought by appellant were not consequential damages. Finally, the court found that appellant had not proven emotional distress.

Issues: Appellant assigns that the district court erred as a matter of law in finding that (1) he received good title which he could have registered despite the lack of any bill or sale or other supporting documentation and despite the title's purportedly being transferred by a stranger to the transaction, (2) he failed to prove damages based on the court's finding that he received good title and failed to mitigate his damages, (3) the damages requested were not consequential damages and would not make him whole, and (4) he was not entitled to the expense of covering for appellees' breach of contract by storing the vehicle.