Sholodge Franchise Systems, Inc. v. McKibbon Bros., Inc.

OPINION

TODD, Presiding Judge, Middle Section.

The plaintiff counter-defendant, ShoLodge Franchise Systems, Inc. (hereafter “Sholodge”) has appealed from a jury verdict of $327,272 in favor of the defendant counter-plaintiff McKibbon Brothers, Inc. (hereafter McKibbon) for damages for breach of a franchise contract.

Issues presented on appeal by Sholodge are:

1. Whether ShoLodge breached the license agreement, and if so, whether the breach was material.

2. Whether the Trial Court properly discharged its role as the thirteenth juror.

3. Whether the jury’s award of damages is supported by the record.

O…