Kuperman v. Eiras

McKUSICK, Chief Justice.

Plaintiffs Savely and Vera Kuperman sued defendants Charles Eiras and E. James Gaines on a guaranty contract. At a jury trial in Superior Court (Cumberland County, Brodrick, J.) defendants successfully raised the affirmative defense that they were induced to execute the guaranty contract by a material or fraudulent misrepresentation made by the Kupermans. The Kupermans appeal. Their primary argument is that the court erred in failing to instruct the jury that an essential element in defendants’ fraud defense is proof that they suffered damage from the Kuper-mans’…