Mayes
Mayes v. Sturdy Northern Sales, Inc.
Opinion
Opinion
Deal, J.
Sturdy Northern Sales, Inc., Sturdy Dog Foods, Inc., Richard E. Walther, and Randy Walther appeal from a judgment in the net amount of $98,751, together with costs, in favor of respondent William J. Mayes.
On January 29, 1975, Mayes filed a complaint for damages against appellants; he alleged breach of a franchise agreement and conspiracy to destroy his business. Defendants answered with a general denial except for Sturdy Northern Sales, Inc.’s admission that it entered into the agreement and was bound thereby. Sturdy Northern filed a cross-complaint alleging that Mayes had breached the agreement; the cross-complaint was dropped at trial. The case was tried before the court which filed its memorandum decision on February 14, 1977, in favor of Mayes. Without considering objections to proposed findings of fact and conclusions of law filed by defendants, the court signed and filed the proposed findings and conclusions and the judgment which was entered on March 10, 1977. Defendants’ motion to set aside and vacate the judgment was granted. The court made minor changes in the findings and signed a similar judgment which was entered on May 3, 1977. A motion for new trial was…