Destination Travel, Inc. v. McElhanon
Colorado Court of Appeals
1Opinion of the Court
Opinion by
Judge DUBOFSKY.
Defendant, Harvey McElhanon, appeals the denial of his motion for new trial after entry of a judgment granting plaintiff, Destination Travel, Inc., rescission of its contract with defendant and awarding it damages. Plaintiff cross-appeals the trial court’s refusal to award attorney fees pursuant to the contract. We affirm the denial of attorney fees, reverse the denial of defendant’s motion for new trial because of juror misconduct and remand for an eviden-tiary hearing on this motion.
In May 1986, plaintiff entered into a joint operating agreement with Travel Express…
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