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06-21-11

Roberts & Stevens attorneys F. Lachicotte Zemp, Jr. and Ann-Patton Hornthal obtain reversal of a $560,000 jury verdict in a breach of contract case

F. Lachicotte Zemp, Jr.The North Carolina Court of Appeals, in the case of Lorenz v. O’Haire, reversed a jury’s award of more than $560,000 against the owners of a 480 acre tract of land in Jackson County, North Carolina.

The case involved the issue of whether the owners/sellers of the property were contractually liable to a realtor for his commission when a $10 million sale of the property never closed. The jury found that that the owners/sellers had breached the purchase agreement with the buyers and were therefore liable to the realtor for $560,000 in commission even though the sale never occurred. The owners contacted attorney Zemp after the trial about appealing the verdict to the NC Court of Appeals. Attorneys Zemp and Hornthal were able to demonstrate to the Court of Appeals that the contracts at issue were unambiguous as a matter of law, warranting a reversal of the jury’s verdict and a successful outcome for their clients.