Kenney v. TanforanParkShopping Center
Brokers William Kenney and Robert Peltzman entered into an exclusive listing agreement with Tanforan Park Shopping Center. When Tanforan fired Kenney and Peltzman prior to the agreements expiration, the two brokers sued Tanforan for breach of contract. The trial court found that Tanforan wrongfully terminated Kenney and Peltzman and awarded damages of about $955,000 based on the commissions Kenney and Peltzman theoretically would have earned under the contract. (They actually never earned any commissions under the contract because they themselves leased nothing on behalf of Tanforan.) The court later amended its judgment to award Kenney and Peltzman prejudgment interest under Civil Code section 3287, subdivision (b), and attorneys fees. The judgment is affirmed except for the portion of the judgment awarding Kenney and Peltzman prejudgment interest. That portion is hereby vacated. The judgment is affirmed as modified.
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