Ash v. North American Title Co.

KRIEGLER, J., Dissenting.

I respectfully dissent.

My colleagues reverse the judgment on the theory the evidence is insufficient as a matter of law to establish that the damages suffered by the buyer were foreseeable. I disagree and would hold, after viewing the evidence in the light most favorable to the judgment, that the issue of foreseeability was properly left to the jury’s determination.

The escrow company breached an agreement with the buyer to secure his funds by a specified date, leaving the funds with an intermediary. Whether the intermediary’s bankruptcy was foreseeable to the escrow…