Fousel v. Ted Walker Mobile Homes, Inc.

OPINION

HATHAWAY, Judge.

This is an appeal from an award of punitive damages to appellees, plaintiffs below, in a fraud and breach of contract action. The sole issue on appeal is whether the trial court, sitting without a jury properly awarded punitive damages as part of its judgment for plaintiffs where plaintiffs had elected to sue for rescission of the contract between the parties. The judgment cancelled the contract of sale, ordered the refund of the purchase price, and awarded $2,705.26 in consequential damages and $10,000 in punitive damages. We believe the punitive damages award was…