McCormack v. Kirtley

CAMERON, Chief Justice.

This is an appeal by Carliflo McCormack from a judgment by the court sitting without a jury holding her and another, Bobbie Chargois, jointly and severally liable in the amount of $8,257.69, plus $1,000 in additional compensatory damages. Bobbie Chargois did not appeal.

We must consider the following issues on appeal:

1. Did the defendant McCormack have a contractual or legal obligation to retain the sums paid into the Citadel Realty Trust Account until the transfer of the liquor license was approved?

2. Did the plaintiff waive any possible duty imposed upon the defendant…