English Estates, Inc. v. Champion Kearney, LLC

Case Number(s)
A-22-0074
Court Number
Buffalo
Call Date
Case Time
Case Audio
Case Summary

A-22-0074, English Estates, Inc. v. Champion Kearney, LLC (appellant)

Buffalo County District Court, Judge Ryan C. Carson

Attorney for Appellant:  Jared J. Krejci (Smith, Johnson, Allen, Connick & Hansen)

Attorney for Appellee:  David C. Briese (Crary, Huff, Ringgenberg, Harnett & Storm, P.C.)

Civil Action:  Breach of Contract, Motion in Limine, Jury Instructions, Appeal from County Court to District Court

Action Taken by Trial Court:  The district court affirmed the judgment of the county court.

Assignments of Error on Appeal:  Champion Kearny, LLC, assigns that the county court: erred in giving the jury an instruction that misstates the law on quantum meruit or unjust enrichment; erred in giving its accord and satisfaction instruction because it misstates the elements of an accord and satisfaction; erred in giving its agency instruction because it did not include an instruction on apparent agency or failed to give a separate apparent agency instruction; erred in giving a limiting instruction regarding an agreement or proposal because it was without any basis and improperly suggestive; erred in sustaining and enforcing at trial four subparts to English Estates, Inc.’s first motion in limine; erred in sustaining and enforcing at trial English Estates Inc.’s second motion in limine and requiring a limiting instruction regarding a proposed settlement; erred in sustaining and enforcing at trial a subpart of English Estate Inc.’s third motion in limine; erred in sustaining English Estates Inc.’s objection during Champion Kearney, LLC’s closing argument; and erred in affirming the judgment of the county court based on these errors. 

Case Location
Buffalo County Board of Commissioners Board Room
Court Type
District Court
Schedule Code
A2
Panel Text
Moore, Riedmann, and Bishop, Judges