AC47261 - Smith v. H. Pearce Real Estate Co. (“In this appeal from the judgments in two consolidated
actions arising from an asset purchase agreement, the plaintiffs in the first
action, DeForest W. Smith and DeForest Industries, Inc. (DII), challenge the
judgments of the trial court, rendered after a court trial. On appeal, the
plaintiffs claim that the court improperly (1) found that the defendant H.
Pearce Real Estate Company, Inc. (Pearce) was entitled to a setoff for the
overpayment of a commission that it previously had paid to Smith, (2) concluded
that Smith was personally liable to Pearce for the setoff, and (3) rejected
their claim that certain lease renewals were excluded from its sale of assets
to Pearce. We affirm the judgments of the trial court.”)