Breach of Contract Damages.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Ricardo H. Abellan v. Lavelo Property Management, LLC,

Case No.: 18-3695

Officials: WOOD, Chief Judge, and BAUER and HAMILTON, Circuit Judges.

Focus: Breach of Contract Damages

A New York owner of a fast-food property in Illinois, which was rented by an Arizona tenant, sold the property to buyers in California. Just after the sale, however, the tenant declared bankruptcy and never paid a nickel in rent to its new landlord.

This lawsuit followed. A jury found the purchase agreement rescindable for mutual mistake and the sellers liable for fraud and breach of contract. The buyer, plaintiff-appellee Ricardo Abellan, as trustee of a family trust, took his remedy in damages for a judgment of more than $2 million against defendant-appellant Lavelo Property Management, LLC. "It takes a lot to set aside a jury verdict,"...