Maltby v. J.F. Images Inc‪.‬

Defendant, J.F. Images, Inc., appeals from a judgment in favor of plaintiff, Phyllis Maltby, in an action for breach of an employment contract. Although defendant now contends that the trial court erred in not finding that impossibility of performance discharged its duty to perform the requirement for a termination notice specified in the contract, its motion for new trial did not address this; therefore, we do not consider it. C.R.C.P. 59(f); Fort Lupton State Bank v. Murata, Colo. App., 626 P.2d 757 (1981). However, we do agree with defendant that the measure of damages used by the trial court was erroneous and, therefore, reverse on this issue.