Opinion

Bull Motor Co. v. Murphy

  • 101 Ark. App. 33
  • 270 S.W.3d 350
  • 2007 Ark. App. LEXIS 899
Court
Court of Appeals of Arkansas
Filed
Dec 19, 2007
Status
Published
Author
Robbins
On the bench
John Mauzy Pittman
Cited by
3 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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