Hitchock Metal Sources vs. John D. Mulford

Case Number
E2003-00738-COA-R3-CV
Diane Hitchcock ("Mrs. Hitchcock") and Hitchcock Metal Sources, Inc. ("HMS") sued John D. Mulford, Jr. ("Mulford") and Mulford Enterprises, Inc. ("the defendant corporation") for breach of an oral contract between Mulford and Mrs. Hitchcock's deceased husband, James H. Hitchcock ("Mr. Hitchcock"). Mulford and the defendant corporation responded by filing a counterclaim against Mrs. Hitchcock and HMS, asserting, inter alia, breach of contract. At the conclusion of a bench trial, the court found in favor of Mrs. Hitchcock, awarding her damages of $87,896.74 jointly and severally against Mulford and the defendant corporation, and an additional amount of $8,855.93 against the defendant corporation. The trial court dismissed the counterclaim of Mulford and the defendant corporation, as well as the original claim of HMS. Mulford and the defendant corporation appeal the trial court's dual determinations that the parties' oral agreement did not prohibit either party from pursuing other business opportunities and that the defendant corporation converted Mrs. Hitchcock's steel by selling it without her knowledge or consent. In addition, the defendants contend that the trial court erred in failing to reform the parties' contract and in its calculation of damages. By way of a separate issue, Mrs. Hitchcock asserts that the trial court abused its discretion in failing to award her prejudgment interest. We affirm the trial court's judgment in toto.
Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Sharon J. Bell
Case Name
Hitchock Metal Sources vs. John D. Mulford
Date Filed
Dissent or Concur
No
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