Professional Documents
Culture Documents
Appleyard v. Douglass, 1st Cir. (1999)
Appleyard v. Douglass, 1st Cir. (1999)
Appleyard v. Douglass, 1st Cir. (1999)
LUCY APPLEYARD,
Plaintiff, Appellee,
v.
Defendant, Appellant.
Before
The same
Appleyard
Its
JWD's annual
1988.
Negotiations between the two companies continued after
John Appleyard's death.
JWD paid
of $9,680.16 each.
guaranteed the note.
On
The magistrate
This
lines.
After
He found that
truck leaves the terminal and another ticket shows the time of
delivery of the load.
It is to the financial
This paragraph
He found first:
In
This, in turn,
It was amply
We noted first
Gerard Felise,
Its operating
cost was 87 cents on the dollar; this meant that its profit was 13
cents on the dollar.
In order to
This
This contributed to an
stated that the $300,000 loss in annual revenue was due solely to
the mandatory compliance with the reduced hours required by the
Department of Transportation.
evidence that the entire profit margin of Appleyard Motor was wiped
out when the driving hours violation was corrected.
We further held that there was no evidentiary basis for
the magistrate judge's finding that if JWD had known that the
annual revenue from the Appleyard Motor operation would decline 12%
We then stated:
Douglass may
The offset
This
III
On remand the magistrate judge concluded
that the evidence in the trial record is
insufficient to enable a rational
factfinder
This appeal
followed.
The magistrate judge agreed with us that there was no
evidence of what a willing buyer would have paid a willing seller
if the buyer had known that the truck driver's records had been
misrepresented to the extent of causing a reduction in Appleyard's
earnings of $300,000.
We
Felise.
"Moreover, the
The
IV
We next consider "the law of the case" doctrine as it
applies to this case.
1998); see also Commercial Union Ins. Co. v. Walbrook Ins. Co., 41
F.3d 764, 770 (1st Cir. 1994).
United States v.
The
were eliminated.
Given the law of the case, the undisputed evidence, and
the conclusion that the value of the business was the sum of its
equipment value and goodwill, we disagree with the magistrate's
determination that there was insufficient evidence to decide the
case.
Appleyard Motor
A total of $106,481.76
petition.
The magistrate judge found in his first opinion, based
upon the testimony of Gerard Felise, that the false representation
"resulted in a loss of customers and a $300,000 annual decline in
revenue associated with the former AMT operation."
This finding was clearly correct.
See infra at 5.
that when the rates were raised in 1989 to meet federal work-hour
requirements, Appleyard lost customers.
of both businesses.
Based on these undisputed facts, we conclude that
defendant has no obligation to make any further payments to
plaintiff.
due under the offset provision of the purchase and sale agreement.
This means, of course, that he cannot attempt to collect any money
that might theoretically be due from plaintiff either individually
or as a former officer of Appleyard Motors.
The judgment below is reversed and remanded with
directions to the district court to enter judgment in favor of
defendant, John W. Douglass, Jr.
No costs to either party on appeal.