JOHN L. GREER AND LEROY JOLLEY, APPELLANTS,
v.
DANIEL WILLIAMS, APPELLEE
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In a breach of contract action involving the sale of a racehorse, the Third District Court of Appeal affirmed a compensatory damages award but reversed the punitive damages award because the plaintiff failed to plead or prove an independent tort claim.
The compensatory damages award of $13,554 for breach of contract is affirmed. However, the punitive damages award of $10,000 is reversed because punitive damages are not recoverable for breach of contract absent an independent tort claim that is separately pled and proved.
[1] Evidence sufficient to establish breach of an oral contract to sell a racehorse may include refusal to accept return of the horse and refund the purchase price after a ve…
[2] Compensatory damages for breach of contract are recoverable when the elements of the breach are sufficiently established by the evidence.
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Join FLexlaw to unlock all legal intelligence“the defendants John L. Greer and Leroy Jolley breached an oral contract to sell a racehorse to the plaintiff Daniel Williams by refusing to accept return of the racehorse after delivery thereof and to refund the purchase price”
Establishes the factual basis for finding breach of contract
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Join FLexlaw to unlock all legal intelligenceAppellants Greer and Jolley entered into an oral contract to sell a racehorse to appellee Williams. After delivery, defendants' veterinarian examined …
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PER CURIAM.
This is an appeal from a final judgment based on a jury verdict for compensatory and punitive damages in a breach of contract action involving the sale of a racehorse. The evidence in this record, although conflicting, was sufficient to establish that the defendants John L. Greer and Leroy Jolley breached an oral contract to sell a racehorse to the plaintiff Daniel Williams by refusing to accept return of the racehorse after delivery thereof and to refund the purchase price after the defendants’ veterinarian had examined the racehorse and found bone chips in the horse’s knee. The award of compensatory damages for breach of contract in the amount of $13,554 is, accordingly, affirmed. Haiman v. Gundersheimer, 130 Fla. 109, 177 So. 199 (1937); Winter Garden Citrus Growers Ass’n v. Willits, 113 Fla. 131, 151 So. 509 (1933); Gulf American Land Corp. v. Wain, 166 So. 2d 763 (Fla. 3d DCA 1964).
We are unable, however, to affirm the punitive damages award. As a general rule punitive damages are not recoverable for a breach of contract irrespective of the motive of the defendant. Only where the acts constituting a breach of contract also amount to a cause of action in tort, which must be separately pled and proved, can punitive damages be recovered and then only upon a proper showing of malice, moral turpitude, wantonness or outrageousness in the commission of the tort. Griffith v. Shamrock Village, Inc., 94 So. 2d 854 (Fla. 1957). Our review of the record reveals that the plaintiff neither pled nor proved an independent tort for fraud or deceit in this case, and, consequently, the punitive damages award of $10,000 must be reversed. American International Land Corp. v. Hanna, 323 So. 2d 567 (Fla.1975).
Affirmed as to the compensatory damage award; reversed as to the punitive damage award.
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Citator
Cited By
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Barnett Guthartz v. Lewis, 408 So. 2d 600 (Fla. 3d DCA 1981)…ray, Inc., 408 So. 2d 229 (Fla.3d DCA 1981) and cases cited therein; Hanft v. Southern Bell Telephone & Telegraph Company, 402 So. 2d 453 (Fla.3d DCA 1981); Bill Branch Chevrolet, Inc. v. Redmond, 378 So. 2d 319 (Fla.2d DCA 1980); Greer v. Williams, 375 So. 2d 333 (Fla.3d DCA 1979); Overseas Equipment Co., Inc. v. Aceros Arquitectonicos, 374 So. 2d 537 (Fla.3d DCA 1979); Henry Morrison Flagler Museum v. Lee, 268 So. 2d 434 (Fla.4th DCA 1972). See Johnson v. Lasher Milling Company, Inc., 379 So. 2d 1048 (Fla.l…
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Hinton Roy Johnson, Jr. v. Lasher Milling Co., Inc., 379 So. 2d 1048 (Fla. 1st DCA 1980)…, pp. 716-717.” The willful tort of fraudulent misrepresentation was properly pled and proved in this case, providing adequate basis for award of punitive damages. See Gottsch v. Walker, 360 So. 2d 1252 (Fla.1st DCA 1979); Greer et al. v. Williams, 375 So. 2d 333 (Fla.3rd DCA 1979); Overseas Equipment Co., Inc. v. Aceros Arquitectonicos, 374 So. 2d 537 (Fla.3rd DCA 1979); UShop Rite, Inc. v. Richard’s Paint Mfg. Co., 369 So. 2d 1033 (Fla.4th DCA 1979). Since we find no error, the judgment appealed from is a…
Authorities Cited
- Griffith v. Shamrock Vill., Inc., 94 So. 2d 854 (Fla. 1957)
- Am. Int'l Land Corp. v. Hanna, 323 So. 2d 567 (Fla. 1975)
- Winter Garden Citrus Growers Ass'n v. Willits, 113 Fla. 131 (Fla. 1933)
- Haiman v. Belle B. Gundersheimer, 130 Fla. 109 (Fla. 1937)
- Gulf Am. Land Corp. v. Wain, 166 So. 2d 763 (Fla. 3d DCA 1964)