Campbell

DefendantRobert McClure, seller of a motor vehicle salvage and rebuilding business, appeals from a judgment in favor of plaintiff buyers Fred H. and Terrel A. Campbell (Campbell) after a trial by the court. The judgment orders rescission of the transaction and damages for intentional fraud: compensatory damages of $181,291.13; exemplary damages of $99,393.19; and attorneys’ and expert witness fees of $16,311.60 and $3,225, respectively. The judgment recites that the exemplary damages are for the sake of example and to punish McClure and would be reduced to $1,000 if McClure demonstrated his good faith and rehabilitation by paying the judgment in full by August 29, 1985.

McClure contends (1) the evidence was insufficient to support the trial court’s finding of intentional fraud, (2) the evidence did not support the implied judicial finding of Campbell’s justifiable reliance on McClure’s representations, and (3) the punitive damages were not appropriate, were excessive and were improperly calculated.

We have concluded the evidence amply supports the findings of intentional fraud and reliance, requiring affirmance of the compensatory damages award and amounts for…