Riley Hill General Contractor, Inc. v. Tandy Corp.

Plaintiff, Riley Hill General Contractor, Inc., sought compensatory and punitive damages on claims labeled “fraud,” “breach of warranty” and “negligence” against defendant, Tandy Corporation, arising out of plaintiffs purchase of a computer that was manufactured and sold by defendant doing business as Radio Shack. Defendant answered with a general denial of the claims and raised an affirmative defense of contributory fault. The trial court instructed the jury that:

“You are instructed that the law recognizes a presumption against fraud and this presumption against fraud must be overcome by…