Lewis

The above-named appellants and cross-defendants appeal from a judgment in favor of respondent and cross-complainant, Eileen Lewis, for $13,000 compensatory damages, and $20,000 punitive damages.

We relate the relevant factual-procedural context of the case.

The instant appellants, a real estate broker and salesman (hereafter for convenience in the singular, Broker), with Charles E. Wilson and Cathy Wilson, all as plaintiffs, commenced an action in 1977, against Eileen Lewis, the respondent herein, for damages. The Broker sought damages for breach of a contract to pay a real estate commission, and the Wilsons, damages for a related breach of a contract to sell them a parcel of real estate. The defendant Eileen Lewis cross-complained, seeking damages for each of the plaintiffs’ “fraud, misrepresentation, duress and conspiracy.” The action was tried with the Broker and the Wilsons recovering respectively, $1,755 and $8,080. The trial court impliedly found against Eileen Lewis on her cross-complaint, for no ruling was made upon it. Eileen Lewis appealed from the judgment.

On the appeal to this court we observed from the undisputed evidence of the case, and as a matter of…