Ramco v Norwood
N/AOUTCOME: Settlement for damages and 2/3 of legal fees
Ramco purchased a used piece of equipment which Norwood advertised as nearly new, operable, and in-use. The equipment carried a 30 day warranty. Once the equipment was installed, it faiIed to operate ... - at all. Ramco attempted to use the warranty, but the seller claimed the equipment failed due to Ramco's improper set-up and mis-use of the equipment. Ramco then attempted to rescind the purchase, but Norwood refused, and litigation resulted. Discovery revealed that Norwood (and its owner personally) knew its representations were false when made to Ramco. As a result, claims for breach of contract, negligent misrepresentation and fraud were all alowed to go to the jury (surviving motions for summary judgment and directed verdict). When polled after settlement had been reached, the jurors revealed they would have awarded all actual damages plus a portion of the attorney's fees claimed by Ramco.
