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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Batson v. Clark, 980 S.W.2d 566 (1998)

Citation
Batson v. Clark, 980 S.W.2d 566 (1998)
Parent Document
Batson v. Clark, 980 S.W.2d 566 (1998)
Jurisdiction
Kentucky (state)
Effective Date
1998-10-16

Other Sections in This Document (163)

Full Text

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The trial court calculated damages based upon the cost to construct the storage building in 1993, rather than its fair market value in 1995, the year in which the building was converted. We believe the court erred in doing so. Further, we do not believe appellees introduced evidence sufficient to establish the building's fair market value. We do not believe their testimony of the price for which they would have sold the building is sufficient. While there may have been a willing seller in the matter, Batson did not respond to appellees' offer and, thus, there was no willing buyer. Given the trial court's erroneous calculation of damages, and in light of appellees' failure to prove the fair market value of the storage building, we reverse the trial court's award of damages for conversion. Validity of Sublease