Wfnd, LLC, Plaintiff, Appellant and Cross-Appellee v. Fargo Marc, LLC, Defendant, Appellee and Cross-Appellant

Summary

The court affirmed a judgment awarding Fargo Marc a net $38,700.12 after finding that Fargo Marc committed fraud concerning Old Navy's rent but did not breach the purchase agreement, while WFND and Old Navy bore comparative fault. The court also upheld damages based on a 9.08 percent capitalization rate, Fargo Marc's recovery of half the detention-pond sale proceeds under a later oral agreement, and the denial or allocation of fees, interest, costs, and disbursements. Goodman, Surrogate Judge, concurring, agreed with the result but questioned why sophisticated parties had not put the detention-pond agreement in writing.