19 Dec 2005
ALLAN V WARNEFORD HC AK CIV 2005-404-003255
- Citation
- openlaw-fa0ec2ec_4f8a_4bf9_a084_8df6a4e4dacf.pdf
- Court
- High Court
The appeal court allowed the appeal on the second cause of action because that cause had been abandoned at trial and should not have been decided; it upheld the finding of estoppel against the appellant based on a personal undertaking, held that recovery is limited to actual out-of-pocket holding costs (including mortgage interest evidenced for six months) and not lost opportunity interest, and reduced the award to $19,294.98.