Wheat

Clark Equipment Co. v. Wheat

Good Law
154 Cal. Rptr. 874·1979 Cal. App. LEXIS 1697·92 Cal. App. 3d 503
Court of Appeal of CaliforniaMay 1, 1979Civ. 41692California8,523 words

Opinion

Opinion

Taylor, J.

Clark Equipment Company (Equipment) and Clark Leasing Corporation (Leasing) appeal from adverse judgments on separate jury verdicts in favor of William J. Wheat and Ernest R. Wheat (Wheat) for $4,500 and $5,000, respectively, for compensatory damages against Equipment, and for $500 each, in compensatory and $5,000 each, in punitive damages against Leasing on Wheat’s cross-complaint for fraud, misrepresentation, breach of contract and abuse of process. Leasing argues that the evidence did not support the adverse judgment as to either compensatory or punitive damages; or, alternatively, that there was no basis for the award of punitive damages. Equipment argues that the adverse judgments erroneously based the award of damages on alternative and mutually inconsistent theories and, in any event, that Wheat had been awarded damages for the breach of a contract which was not enforceable, as it violated the statute of frauds (Civ. Code, § 1624). For the reasons set forth below, we have concluded that the judgments on the verdicts against Leasing and Equipment must be affirmed.

Although there are some contentions concerning the sufficiency of the evidence to support the verdict…

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