T&M Associates, Inc. v. Goodrich

Summary

The New Hampshire Supreme Court affirmed damages awarded to Jeffrey and Peter Goodrich for breach of profit-sharing agreements and intentional misrepresentation by Morgan Goodrich, T&M Associates’ agent. The court held that the evidence supported including certain 2000 corporate profits in the damages calculation and using the S&P 500 Index to measure the value of profits that should have been invested. The court also concluded that T&M adequately preserved its appellate challenges to the amount of damages.

Holdings

1. T&M preserved its challenges because it attacked the amount of the damages award rather than the admissibility of the expert testimony or exhibit supporting the calculation.
2. The trial court properly included T&M's 2000 profits in the damages calculation.
3. The trial court did not clearly err or commit legal error by using the S&P 500 Index to measure the return on the defendants' profit shares.

Questions Presented

1. Whether T&M preserved its challenges to the amount of the damages award despite not objecting to the admissibility of the expert testimony and exhibit used to calculate damages.
2. Whether the trial court properly included T&M's 2000 profits in the damages calculation.
3. Whether the trial court properly used the S&P 500 Index to measure the return the defendants' profit shares would have earned if Morgan had invested them as promised.

Disposition

affirmed