Case Conclusion Date: 02.22.2006
Practice Area: Contracts and agreements
Outcome: Conf. settlement agreement reached
Description: This lawsuit was instituted by the Plaintiff who sued to recover actual, consequential damages and attorneyâ€™s fees and costs. Cause of action was breach of contract and breach of warranty of title. Defendants operated a new and used motor vehicle dealership. The Plaintiff purchased a Tractor Truck from the Defendant. Plaintiff paid the agreed price of $24,000.00 in cash for the Tractor Truck. After taking possession of the Tractor Truck Plaintiff made demands to Defendant to deliver the Tractor Truckâ€™s certificate of title. This certificate had never been delivered to Plaintiff. Failure to deliver the certificate caused the Plaintiff to suffer actual damages from the lost use of the Tractor Truck, damages for lost business, and the attorneyâ€™s fees and costs. Additionally, the Defendants never disclosed to the Plaintiff the underlying lien in the amount of $13,143. 59 held on the Tractor Truck. Therefore, Defendants breached the warranty of title by: 1) failing to deliver the Tractor Truckâ€™s certificate of title; and 2) failing to disclose the underlying lien. The result of this litigation was that the parties entered into a settlement agreement.