# Bull Motor Co. v. Murphy

> Court of Appeals of Arkansas · December 19, 2007 · 101 Ark. App. 33

URL: https://www.frixlaw.com/law-library/cases/9656858

## Case

- **Full name:** BULL MOTOR COMPANY v. Jason MURPHY
- **Court:** Court of Appeals of Arkansas
- **Decided:** December 19, 2007
- **Citations:** 101 Ark. App. 33; 270 S.W.3d 350; 2007 Ark. App. LEXIS 899
- **Precedential status:** Published
- **Opinion:** Dissent by Robbins
- **Judges:** John Mauzy Pittman
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9656858

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9656858. Public record. Not legal advice.