Gac Properties, Inc. v. Carmine

William H. Carmine sued GAC Properties, Inc. for the alleged breach of an agreement under which he claimed to have the exclusive right to issue title insurance policies on property owned by GAC. Carmine recovered a final judgment and GAC has appealed.

Its first point for reversal is directed to a finding that Carmine established “by competent testimony” that a 1961 written contract between the parties was valid, existing and enforceable. GAC asserts the burden of proof required to establish this fact is by clear and convincing evidence and not a mere preponderence of evidence.

The record does…