Record contained sufficient evidence to support jury’s verdict in favor of plaintiff in action alleging mutual mistake, fraud and breach of contract, arising out of plaintiff’s purchase of vacant restaurant building that had been subject of lease to tenant, where plaintiff alleged that defendant falsely warranted that tenant had not been in default of lease while defendant knew that tenant had not continually operated said restaurant as required by lease, and that tenant had not ever opened said restaurant for business. Ct. rejected defendant’s claim that: (1) no breach occurred where restaurant had never opened, where Ct. found that defendant had actual knowledge of tenant’s failure to operate restaurant as required under lease; and (2) defendant’s waiver of tenant’s breach of lease precluded plaintiff from enforcing instant warranty contained in purchase agreement. Also, record supported jury’s assessment of $1,289,341.72 in damages, which represented difference between purchase price and assessed value of subject property, and plaintiff was not required to show reasonable reliance on instant express warranty at issue in plaintiff’s claim.
Federal 7th Circuit Court
Civil Court
Contracts