Tran v. Tehrani

Plaintiffs appeal from a judgment notwithstanding the verdict, ORCP 63, after a jury had awarded them $73,346.68 damages, including punitive damages of $67,500, on a claim for fraud arising out of a construction contract. The basis of plaintiffs’ fraud claim is that defendant promised, but did not intend, to perform the contract when he entered into it. Defendant cross-appeals, asserting that, if we reverse, we should hold that the court erred in certain evidentiary rulings. We affirm on the appeal and on the cross-appeal.

Plaintiffs made two claims, one for breach of contract and one for…