Pitzer v. Swenson

PERRY, Judge.

In this case, we are asked to review the district court’s findings of fact and conclusions of law following a court trial. Because only two of the district court’s three alternative legal theories for relief were challenged on appeal, we affirm the district court’s award of damages on the unappealed theory.

I

FACTS AND PROCEDURE

The parties in this case were involved in a contract regarding the sale and purchase of a 1977 Bayliner boat. Prior to advertising the boat for sale, the sellers, Donald R. and Carol Swenson, were aware of a hole in the deck of the boat. They placed plywood…