Stoll

plaintiff and the defendants appeal from a judgment awarding damages against the defendants for breach of contract and for the tortious denial of the existence of a contract, but denying the plaintiff any prejudgment interest. We modify the judgment to add the prejudgment interest and affirm as modified.

Factual and Procedural Background

Goldmine Ski Associates, Inc. (Goldmine), operated a ski resort. By an oral contract in 1986, Joseph Shuff, the president of Goldmine and the general manager of the ski resort, agreed to pay Gerhard Stoll a finder’s fee if Stoll found a buyer for the ski resort. The agreement was never memorialized in writing, and the amount of the finder’s fee was never expressly agreed upon.

Stoll found a buyer, S-K-I Corporation (Buyer), which entered into negotiations with Shuff and ultimately purchased Goldmine on January 1, 1988. After the close of the sale, Stoll made demand upon Shuff for his fee. Shuff denied liability and refused to pay.

In July of 1988, Stoll filed a complaint against Shuff and Goldmine (defendants). It is framed in two counts: the first for breach of contract, and the second for the reasonable value of services rendered.…