Wieder v. Lee CA1/5
In 2006, David James Wieder entered into an agreement to acquire business assets from Andrew Lee. A portion of the purchase price was paid through a promissory note calling for monthly payments over a term of 11 years. In 2013, Wieder stopped making payments on the note and filed suit against Lee in Sonoma County Superior Court, alleging Lee had violated the agreement. Lee cross-complained, alleging default on the note and seeking acceleration of the remaining principal and interest due. A jury returned special verdicts finding neither party performed significant obligations required under their contract and denied relief to both parties. The trial court granted in part Lee’s motion for judgment notwithstanding the verdict (JNOV), holding the amounts then outstanding on the note remained due.
Wieder appeals from the partial grant of Lee’s JNOV motion, and Lee cross-appeals, asserting errors in the admission of evidence against him at trial. We affirm in all respects.
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