Huynh v. Vu
Published: Oct. 25, 2001 | Result Date: Sep. 13, 2001 | Filing Date: Jan. 1, 1900 |Case number: 813350 Verdict – $231,000
Facts
The plaintiff broker acted as agent for both the buyer and the defendant seller of a commercial property. The price
of the property was $1.3 million. Escrow was not closed on the scheduled date and the seller refused to proceed
with the sale unless she obtained a higher price. She fired the plaintiff as her broker. Subsequently she sold the
property to the original buyer introduced by the plaintiff at a price of $1,425,000. She refused to pay the
plaintiff a brokerage commission on the sale and the broker sued seller for breach of contract and seller's
husband for tortious interference.
The buyer was sued as cross-defendant by the seller who claimed that it was he, not
she, who had broken the original agreement. The buyer's cross-complaint contended that it was
the seller who had broken the contract, and, furthermore, that the seller's husband had interfered
with the contractual relationship with the seller.
Result
The jury awarded the plaintiff broker $42,750 as a commission and $15,000 for emotional distress and $173,250 in punitive damages on the tortious interference claim. The jury also awarded the cross-defendant/cross complainant $125,750 in compensatory damages and $100,000 in punitive damages against the seller's husband for interference with the buyer's contractual relationship with the seller. The buyer's breach of contract claim against the seller was tried by the court, which awarded $125,000 in damages plus prejudgment interest on that amount from April 19, 1999.
Other Information
The plaintiff's motion for attorney fees is pending.
Deliberation
five hours
Poll
12-0
Length
10 days
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