Templeton Feed And Grain V. Ralston Purina Co‪.‬

TOBRINER, J. Plaintiff Templetion Feed and Grain (Templeton), a corporation, brought this action against defendant Ralston Purina Company (Ralston) seeking damages for abuse of process and pleading a common count for money had and received. The jury found in favor of Templeton in the amount of $110,738.56. The trial court granted Ralston's motion for a new trial,*fn1 unless Templeton consented to a reduction of the verdict to $67,000. Templeton consented to the remission; the trial court entered judgment accordingly. Ralston appeals from the judgment entered, and Templeton appeals insofar as the judgment entered reflects the trial court's failure to instruct the jury on exemplary damages.