Duke v. Williams

Birdsong, Judge.

Fraser M. Duke appeals from a judgment, based upon a jury verdict, awarding damages of $213,200 to Joseph B. Williams, Aubon Higgins, and Williams & Higgins and Associates, d/b/a Williams-Higgins & Company (collectively “Williams & Higgins”) on their claims against Duke for breach of consulting contract. The error enumerated is that the trial court erred by ruling the non-refundable, non-cancellable retainer or minimum fee of $213,200 was not a penalty. Specifically, Duke argues that the trial court’s denial of his motions for a directed verdict and for j.n.o.v. on that ground…