Ernst v. Hemenway and Moser, Co., Inc.

WALTERS, Chief Judge.

This is an appeal in an action for damages based on the breach of an alleged oral contract relating to the acquisition of a franchise to distribute beer products. A jury found defendant-appellant, H & M Distributing, Inc., to be liable to Larry and Lori Ernst, plaintiffs-respondents, for breach of contract, but determined that the Ernsts had failed to prove damages. The Ernsts moved for a new trial, which the court granted, limiting the new trial to the issue of damages. H & M appeals, claiming that the trial court erred in granting the new trial, or that, if there is to…