This section contains the nature of the case and procedural background.

P entered into an initial written agreement with D to purchase trucks and peanut hauling equipment from D. That agreement gave P the exclusive right to haul peanuts for D. P was aware that the corporate office of D had to approve the deal. D’s corporate office rejected the exclusivity and offered a deal that P purchase D’s trucks but that D was under no obligation to engage P to haul peanuts. P noticed the difference and asked D’s manager what it meant. The manager stated that D would not use P if P failed to meet D’s expectations. P signed based on that explanation. P sued D for breach of the agreement. The court entered a judgment in favor of P awarding him $570,401.00 in actual damages and $250,000.00 in exemplary damages plus prejudgment interest and attorney's fees. D appealed.

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