FRANKLYN GESNER FINE PAINTINGS, INC. v. Ketcham

Deen, Presiding Judge.

Appellee sold a painting to appellant, representing it to be the work of a certain artist. When it was determined to be a forgery, appellant sued appellee on the theories of fraud, breach of contract, and conspiracy. The conspiracy count was dismissed at trial.

A jury returned a verdict for plaintiff/appellant on the fraud count, assessing general damages of $32,500, punitive damages of $6,263, and attorney fees of $31,337; no finding was made on the breach of contract count. When queried by the court, the foreman stated that it had been the jurors’ understanding that it…