affirming a $7000 jury award in a breach-of-contract for the sale of a “new” truck when the owner of the truck opined that the value of a truck he purchased diminished $8000 to $10,000 after being driven by a car thief
How later courts described this case
- affirming a $7000 jury award in a breach-of-contract for the sale of a “new” truck when the owner of the truck opined that the value of a truck he purchased diminished $8000 to $10,000 after being driven by a car thief
Written by the judges who cited it.
The opinion
John B. Robbins, Judge, dissenting. Mr. Murphy knew when he bought his truck that there were 120 miles on its odometer and that the sticker price was $37,100, yet he bought it, paying $33,495. However, neither he nor the salesman knew that 40 of the 120 miles had been driven by a thief. Assuming that the trial court was correct, as affirmed by five judges of this nine-judge panel, that Mr. Murphy was indeed entitled to receive some damages because of these 40 unauthorized miles, an award of $7,000 defies reason and is clearly against the preponderance of the evidence. The trial court should have so found and granted a new trial, and we compound the injustice by failing to correct the error. See Ark. R. Civ. P. 59(a)(6).
I dissent.
Heffley, J., joins.