(Download) "Muccilli V. Huff''s Boys'' Store Inc." by Arizona Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Muccilli V. Huff''s Boys'' Store Inc.
- Author : Arizona Court of Appeals
- Release Date : January 31, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The plaintiff-appellee Huff's Boys' Store, Inc., a Texas corporation engaged in the business of retailing men's and boys' wear in El Paso, commenced this litigation against Alfred E. Muccilli and Mark Muccilli, father and son, appellants, and F. Gayle Pomeroy and his spouse, to recover for breach of an oral agreement by the three individuals to purchase the corporate business. Trial of the cause ended in a jury verdict in favor of the plaintiff corporation and against all defendants in the amount of $21,000.00. Plaintiff subsequently filed a conditional acceptance of an order of remittitur which reduced its recovery to $15,000.00. The defendants F. Gayle Pomeroy and his spouse have not appealed plaintiff's judgment against them. In their appeal, the Muccillis assert that the evidence failed to show the existence of a joint venture between themselves and Pomeroy to purchase plaintiff's business, or a sufficiently definite purchase agreement, or an ascertainable standard for determining damages. The Muccillis also contend that the facts did not establish grounds for estoppel which would take the oral agreement out of the Statute of Frauds. In a cross appeal, the plaintiff challenged the reduction of its damages to $15,000.00.