James O'Brien & Associates, Inc. v. American Sportsman Travel, Inc.

CRIST, Judge.

Appellant American Sportsman Travel, Inc., d/b/a The Travel Company (Defendant), appeals a judgment entered upon a jury verdict in favor of James O’Brien & Associates, Inc. (Plaintiff) on its petition in the sum of $23,000 and in favor of Plaintiff on Defendant’s counterclaim. Reversed.

Plaintiff alleged Defendant had breached its written contract by repudiating it and refusing to complete incentive travel trip arrangements. Defendant counterclaimed, asserting Plaintiff had breached the written contract by failing to pay $20,000 in addition to $38,000 previously paid.

The evidence…