Smith v. Rucker

BERREY, Judge.

This is an appeal by defendant-appellant Gary Rucker from a judgment which awarded damages to plaintiff-respondent Robert Smith for breach of contract. The contract involved the sale of a drugstore owned by Robert Smith. Rucker denies a contract ever existed claiming the document relied on by Smith was only a preliminary agreement and was not the formal contract. The case was tried before a jury and the jury determined a contract did exist and awarded Smith $93,000 in damages based upon the breach of contract and the amount of Smith’s remaining inventory.

Rucker raises two issues…