Hills of Rest Memorial Park, Inc. v. Witte

I respectfully dissent.

The majority claims the award of damages to Witte “exceeds his presentation to the jury.” A thorough examination of the record, however, proves that this statement is unfounded. The record shows a certified public accounting firm’s analysis of commissions payable to Witte totalling $77,-368.52. This total matches the amount Witte claimed for commissions payable. From there, Witte conceded at trial certain amounts should be deducted from that total — $7,573.57 for commissions claimed during receivership, $4,224.07 in cancelled sales, and $6,160.00 in unrecorded pay*853ments.…