Toews v. Funk

SWANSTROM, Judge Pro Tem.

Harold and Lillian Toews brought an action against Troy and Stephanie Lish, purchasers, and Elmer Funk, Jr., when the sale described in a real estate agreement between the parties failed to take place. A jury trial was conducted, and the jury found that the Lishes and Funk had breached the parties’ contract and awarded compensatory damages to the Toews. Following a hearing on vari ous post-trial motions, the district court ruled that Funk would be entitled to a new trial, limited to the issue of damages, unless the Toews accepted a remittitur from the amount awarded…