Facts

In 2005, the defendants assigned plaintiff the right to purchase 161 acres of Ross Borba Jr.'s property for $643,000. In 2006, plaintiff filed a complaint alleging fraud in connection with the sale, breach of confidentiality agreement, damage to agricultural well, and failure to pay for rent, water, and seed invoices. The fraud claims were voluntarily dismissed prior to trial, and the breach of confidentiality agreement was dismissed by the court pursuant to motion for summary judgment.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged defendants falsely stated that the property had a domestic pump and well. One day before escrow was to close, plaintiff learned that defendants had planted wheat crop on the property. This prevented plaintiff from planting his cotton crop that year. The defendants agreed to pay plaintiff $155 per acre for the use of the land and plaintiff's agricultural well for the purposes of watering plaintiff's land. Defendants also agreed to repair and maintain the agricultural well during the time they used it and to pay $110 per acre of water used on defendant's property.

The plaintiff alleged defendants never paid the $24,025 owed for use of his property and also failed to pay for using substantial amounts of water from his agricultural well on their property. The plaintiff claimed defendants damaged the well and refused to repair it. Plaintiff further alleged defendants purchased various cotton seeds for planting but refused to pay for that as well.

DEFENDANTS' CONTENTIONS:
The defendants alleged that due to a delayed closing, the amount of rent due was less than alleged by plaintiff. Defendants further alleged that they did not represent the property had a domestic well, that they did not damage plaintiff's agricultural well, nor agree to pay for water and seed. Defendants alleged that they offered to continue to provide domestic water for a fee, which was rejected by plaintiff.

Damages

The plaintiff sought compensatory damages of $363,588.24 consisting of: $24,025 for breach of land rent contract; $86,400 excess water use; $5,360 for cotton seed; $29,100 for a specific variety of cotton seed; $8,223 temporary water tank used during well repairs; $22,640 cost of installing domestic well and pump; $2,986 labor to remove debris and dead vegetation caused by defendants' shutting off the domestic water for the property; $81,824 costs to repair the agricultural well; $69,030 for a new agricultural well, and $34,000 costs to rent land and grow cotton in 2005. Plaintiff also sought the recovery of attorneys' fees pursuant to the domestic well breach of contract claim.

Result

Plaintiff's claims for damage to and replacement of the agricultural well were dismissed by the court pursuant to defendants' motion for judgment as a matter of law at the close of plaintiff's case in chief. The jury returned a verdict for plaintiff for $53,125, which included $24,025 for breach of land rent contract; and $29,100 for the value of cotton seed delivered by plaintiff. The jury found for defendants on the only remaining contract claim providing for the recovery of attorneys' fees. Also, the court granted plaintiff's motion to amend the judgment (to add pre-judgment and post-judgment interest) and later issued an amended partial judgment in the total amount of $72, 453.39. Defendant sought a total amount of $386,023.12.

Other Information

FILING DATE: May 26, 2005.

Length

five days