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Superior Court of Siskiyou County

Четверг, 21 Октября 2021 г. 14:18 + в цитатник

Procedural Posture: EEOC defense attorney

Defendant lessee appealed an order refusing him a new trial and a judgment from the Superior Court of Siskiyou County (California) that awarded damages to plaintiff lessor for the breach by the lessee of a written lease contract by which the lessee acquired the right to farm on land owned by the lessor provided that the lessee purchased certain equipment and built a barn on the premises.

Overview

The lessee claimed that there was insufficient evidence to support the findings of fact by the trial court which determined that the lessee had breached the terms of the lease contract by failing to purchase the farm equipment and build the barn required by the lease. The court determined the lessor had requested the lessee to purchase the required equipment on a number of occasions, but the lessee refused to do so. The court also determined that the barn was not built by the lessee as required. The court held that there was sufficient evidence to support the trial court's findings and the damages awarded to the lessor. The court also held that the lessee was not entitled to the liquidated damages provided under the terms of the contract for the lessor's cancellation of the lease contract when the cancellation was caused by the lessee's breach of the contract.

Outcome

The court affirmed the order of the trial court that denied the lessee a new trial and the trial court's judgment that awarded the lessor damages against the lessee.


 

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