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Sampson v. Intellectual Techs. Inc.

Since appellant directed the court clerk not to include the transcript in the appellate record, the Court of Appeals had to presume the verdict against him on his breach of contract claim was valid.

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G. Scott Sampson sued C. Earl Peek and Intellectual Technologies, Inc. “ITI”, alleging breach of contract. Sampson sought to recover royalties allegedly due him under a licensing agreement for a board game he invented called “Travel Buff.” He also sought to terminate the agreement. ITI and Peek, who is president and chief executive officer of ITI, counterclaimed for declaratory and injunctive relief, as well as restitution of excess royalties allegedly paid to Sampson.

The jury returned a verdict finding that the contract permitted ITI to deduct certain costs when calculating royalties. The jury also found that ITI had failed to pay Sampson all the royalties he was owed. However, the jury declined to award damages. Next, the jury found that ITI breached the agreement. However, the jury determined that the breach did not constitute sufficient cause for Sampson to terminate the agreement. Finally, the jury ruled against ITI on its restitution claim. Sampson moved for judgment notwithstanding the verdict, which was denied. He appeals. Held:

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