Donayre v. Jones

MITCHELL, Judge.

The plaintiff assigns as error the entry of summary judgment in favor of the defendant by the trial court. In support of this assignment, the plaintiff contends that a genuine issue of material fact exists as to the amount of his losses and, thus, the resulting liability of the defendant. We do not agree.

The parties agree that the defendant obligated himself to accept “liability for all losses incurred in [the plaintiff’s] purchase of December 26, 1972 six pack beyond the initial $3,000.00 you in*15vest.” By his affidavit, the defendant provided additional facts surrounding the…