Kruse v. Kuntz

Defendant Virgil Kuntz appeals the trial court’s judgment awarding plaintiff Bill Kruse, d/b/a Kruse Auction House, $16,474 for the sale of farm equipment to Kuntz, as well as attorney fees. Kruse cross-appeals the trial court’s denial of prejudgment interest. We affirm in part, reverse in part, and remand.

In December 1993, Kruse conducted an auction sale at which Kuntz was the highest bidder for farm equipment. Kuntz bid $106,901.50 for the equipment and paid that amount with a check drawn on his account at Busey Bank in LeRoy, Illinois. The check was returned for insufficient funds. In…