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Thomas v. Layton

The trial court's disallowance of manufacturing expenses used in calculating the damages award was not against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. El Paso Court of Appeals, No. 08-07-00266-CV, 03-17-2010

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OPINION

Appellant, Floyd Thomas, appeals the trial court’s judgment that Appellee, Harold Layton, is entitled to $201,724.80 in damages arising out of their partnership. Mr. Thomas brings this appeal on a single issue that challenges the sufficiency of the evidence supporting this damages award.

In 1989, Mr. Harold Layton opened a plant for chaffhaye, an alfalfa product that is bagged and sold as feed for horses. Mr. Thomas was Mr. Layton’s business partner. In 2000, Cimarron Agricultural, Ltd. (“Cimarron”) bought the plant, but continued to employ Mr. Layton and Mr. Thomas. There was an agreement between Mr. Layton and Mr. Thomas with Cimarron, that Mr. Layton ran the plant and Mr. Thomas sold the chaffhaye.

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