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eBook details

• Title: Samuel Auxier and Dismer Auxier Company v.
• Author : District of Columbia Court of Appeals.
• Release Date : January 18, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

PER CURIAM: These appeals challenge a decision of the trial court which concluded that Samuel Auxier and the Dismer Auxier Company (appellants) had breached their fiduciary duties toward Morris Kraisel in connection with the sale of a rowhouse owned by Kraisel. The court concluded that appellants had undervalued and inadequately marketed the property, with the result that Kraisel contracted to sell the house to a third party at a price that was 40% below market value. The court awarded Kraisel's estate compensatory damages of $12,500, the sum that Kraisel's representative (appellee) was required to pay to settle a specific performance action instituted after Kraisel refused to convey the house for the price specified in the contract. The court, however, refused to include in the damage award any compensation for the legal fee in the amount of $1,350 that Kraisel's personal representative incurred in defending the specific performance action. Appellants seek reversal, inter alia, on the ground that certain of the trial court's factual findings and evidentiary rulings were erroneous. On cross-appeal Kraisel's representative asserts that the court erred in refusing to include attorney's fees in the award of compensatory damages. We reverse as to the denial of attorney's fees, but otherwise affirm.

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