Denver Publishing Co. v. Kirk

BABCOCK, Judge.

In this action on open account by plaintiff, The Denver Publishing Company (the News), the trial court directed a verdict in favor of defendant, DeWayne C. Kirk (Kirk), on plaintiff's claim and directed a verdict in favor of the News on Kirk’s counterclaim for outrageous conduct. It submitted Kirk’s counterclaim for willful and wanton breach of contract to the jury, and entered judgment for Kirk in accordance with the jury verdict in his favor. Both parties appeal. We affirm in part, reverse in part, and remand for new trial on the issue of Kirk’s damages.

I

From 1963 until…