ISHIN SPEED SPORT, INC. APPELLANT VS. JOHNNY RUTHERFORD AND JOHNNY RUTHERFORD, INC. APPELLEES, 933 S.W.2d 343

Summary

The trial court found that appellant company breached a contract with appellee, race car driver, in the creation of a driving school. The court concluded that there was sufficient evidence to support an assent by the parties to terms of an agreement, where appellee performed work expected of him after appellant had promised to pay him $ 100,000 and a 25 percent commission. The court concluded that the wording requested by appellant would not have been a material addition or improvement to jury instructions that were given. The court concluded that appellee was competent to testify to lost profits because of his many years as a racing professional and his close observation of other tracks and driving schools. The court found that evidence showed that the school was patterned upon successful schools and was to operate at an established track, that appellee's name and celebrity reputation were well established, and that an automaker agreed to donate products for the school's use. The ...