R & A, INC., ALEX GATZIONIS AND VALERIE GATZIONIS, APPELLANTS/CROSS-APPELLEES, v. KOZY KORNER, INC. AND JOHN VASSILAS, APPELLEES/CROSS-APPELLANTS., 672 A.2d 1062
Summary
Appellant lessee brought an action against appellee lessor following an alleged breach of their contract by appellee who refused to transfer or renew the liquor license, which it was required to do under the lease agreement. The lower court directed a verdict for appellee on appellant's claim for damages as a result of the alleged breach and misrepresentations concerning the sale of the property at issue. The court reversed the lower court on the damages issue. The court found that a jury could have reasonably concluded that appellee made a false representation of material fact with the intent to deceive appellant into attempting to purchase the property. The court determined that appellant presented sufficient evidence to defeat a directed verdict on the issue of fraud. The court found that there was sufficient evidence presented to the jury to support its determination of appellant's lost profits as a result of the loss of the liquor license. The court affirmed the lower court's ...