BILL BRANCH CHEVROLET, INC., APPELLANT,
v.
JAMES T. REDMOND, APPELLEE

Fla. 2d DCA | 1980-01-04
No. 78-955
GRIMES, C. J., and BOARDMAN, J., concur.
378 So. 2d 319 Florida District Court of Appeal, Second District (1980) Positive Treatment
Cited by 13 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Bill Branch Chevrolet appeals from a judgment awarding both compensatory and punitive damages to a buyer who could not obtain title to a vehicle purchased from the dealership. The court affirms the compensatory damages award for breach of the implied warranty of good title but reverses the punitive damages award as unsupported by law.


Holding

The court affirmed the $2,500.00 compensatory damages award as reasonable incidental damages incident to the breach of the implied warranty of good title, but reversed the $7,000.00 punitive damages award because the Uniform Commercial Code does not permit punitive damages for such breach and no underlying tort was established.


Headnotes

[1] A buyer is entitled to damages for breach of the implied warranty of good title, measured by the difference in value between the goods accepted and the value they would h…

[2] A buyer may recover incidental and consequential damages for breach of the implied warranty of good title, including reasonable expenses incident to the breach.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“punitive damages may be awarded only when specifically provided in the Uniform Commercial Code or by other rule of law”

Establishes the governing standard for when punitive damages are permissible in sales contracts

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Redmond purchased a blue Caprice automobile from Bill Branch Chevrolet through salesman Joe Watts for $6,200.00, receiving a receipt and sales contrac…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Bill Branch Chevrolet, Inc. appeals from the award to James T. Redmond of compensatory and punitive damages, alleging that the damages were not supported by the evidence. We agree that appellee failed to prove a basis for punitive damages, and we reverse the award of punitive damages.

Appellee testified below that he went to appellant’s place of business to buy a vehicle. After talking with two or three different people, appellee ended up talking with a man who identified himself as Joe Watts. Appellee made a deal to buy a blue Caprice automobile for $1,000.00 less than the marked price, the car to be delivered to appel-lee’s residence. Appellee testified that he gave the salesman $1,000.00 cash in return for a receipt and business card. Appellee continued that the automobile was delivered to him the following night by Watts, and he gave Watts the balance of $5,200.00. Watts gave appellee a printed sales contract showing the name and address of Bill Branch Chevrolet and reflecting the payments made with no balance due.

One month after acquiring possession, appellee contacted employees of appellant saying he wanted the title papers for the automobile. Employees of appellant had reported the car stolen, and appellee was given the name of the insurance company. Ap-pellee testified that he subsequently lost time from work and suffered business disadvantages because he was unable to use the vehicle without title and registration.

The jury assessed actual damages in the amount of $2,500.00 and punitive damages in the amount of $7,000.00.

Although inartfully drawn, appellee’s complaint essentially sought damages for breach of the implied warranty of good title. Section 672.312, Fla.Stat.(1977). See Walker v. Hilliard, 329 So. 2d 44 (Fla.1st DCA 1976); Frank v. McCafferty Ford Company, 192 Pa.Super. 435, 161 A. 2d 896 (Pa.Super.1960). The facts reflect that appellee protected his right to damages by notifying the seller of the breach one month after purchase. See Section 672.607, Fla. Stat. (1977). With this done, appellee was entitled to the “difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted,” with good title. Section 672i714(2), Fla. Stat. (1977). Additionally, appellee was entitled to incidental and consequential damages. Section 672.714(3), Fla.Stat. (1977). Incidental damages include “ . . . any . . . reasonable expense incident to the . . . breach.” Section 672.715(1), Fla.Stat. (1977). See Council Brothers, Inc. v. Burnham Corp., 473 F. 2d 400 (5th Cir. 1973); Riggs Motor Company v. Archer, 240 S.W. 2d 75 (Ky.1951).

Appellee submitted no evidence to show the difference in value between the goods as accepted and as warranted, and thus cannot recover under that provision. Ap-pellee did submit evidence of lost work and monetary inconvenience resulting from his inability to use the unregistered car and his attempts to obtain title for it.

We hold the evidence submitted to be sufficient to prove that these damages were reasonable expenses incident to appellant’s breach, and we hold the evidence sufficient to support the jury’s award of $2,500.00.

Punitive damages, however, may be awarded only when specifically provided in the Uniform Commercial Code or by other rule of law. We are unaware of any provision in the Code permitting, punitive damages for breach of implied warranty of good title, nor has appellee cited any such provision. Otherwise, punitive damages may be awarded for breach of contract only when the breach also amounts to a cause of action in tort which was wilfully and wantonly committed or attended by fraud, malice or gross negligence. Griffith v. Shamrock Village, Inc., 94 So. 2d 854 (Fla.1957); Charter Air Center, Inc. v. Miller, 348 So. 2d 614 (Fla.2d DCA 1977). The facts established by appellee do not constitute a tort, but merely a breach of a sales contract. Thus, appellee was not entitled to punitive damages.

We remand with instruction that the trial court strike the award of punitive damages, and enter judgment on the compensatory damages of $2,500.00, plus costs.

GRIMES, C. J., and BOARDMAN, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Barnett Guthartz v. Lewis, 408 So. 2d 600 (Fla. 3d DCA 1981)
    …Inc., 94 So. 2d 854 (Fla.1957); Rolls v. Bliss & Nyitray, 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.…
  • Alan H. Porter, M.D. v. Wilson, 384 So. 2d 190 (Fla. 2d DCA 1980)
    …. Shamrock Village, Inc., 94 So. 2d 854 (Fla. 1957); see Annot., 84 A.L.R. 1345 (1933). Here there was no evidence of wilfulness or wantonness or that the breach was attended by fraud or gross negligence. See Bill Branch Chevrolet, Inc. v. Redmond, 378 So. 2d 319 (Fla.2d DCA 1980). The evidence as to the breach was in sharp conflict but there was no evidence indicating that the breach or the interference was accompanied by malice. In fact, Porter’s attorney, who had established Porter-P.A. and advised it in…
  • Marcus v. Anderson/Gore Homes, Inc., 498 So. 2d 1051 (Fla. 4th DCA 1986)
    …n implied warranty action, the buyer is entitled to both incidental and consequential damages which are proximately caused by the breach of warranty. Miles v. Kavanaugh, 350 So. 2d 1090 (Fla. 3d DCA 1977); and Bill Branch Chevrolet, Inc. v. Redmond, 378 So. 2d 319 (Fla. 2d DCA 1980). Therefore, if, on remand, the jury finds the implied warranty of habitability was breached, Marcus’ damages should not be limited to the replacement cost of a hot water heater. Affirmed in part; Reversed and Remanded in part. L…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw