Langfus, Inc. v. Queirolo

Plaintiff sued for the balance of the purchase price of carpets. Defendants’ answer alleged that plaintiff had obtained the sales contract by fraud. Defendants appeal from a judgment for plaintiff for $1703.89, plus prejudgment interest, plus $1500 attorney fees.

Defendants assign as errors that the trial court, following the jury verdict, included prejudgment interest in plaintiffs judgment, although the verdict omitted it, awarded plaintiff attorney fees of $1500, and instructed the jury that defendants must establish their fraud defense by “clear and convincing evidence.” We modify the…