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Steiner v. Jarrett

Citations: 130 Cal. App. Supp. 2d 869; 280 P.2d 235; 1954 Cal. App. LEXIS 1293Docket: Nov. 22, 1954

Court: California Court of Appeal; November 22, 1954; California; State Appellate Court

Narrative Opinion Summary

In this case, the Defendants appealed a judgment awarding $440 to the Plaintiff, L. L. Steiner, who acted as an assignee in a breach of contract and warranty case. The Plaintiff's assignor, E. R. Walker, purchased a secondhand bus from the Defendants, which was purported to include a new engine short block. However, the bus was later found to have an old, worn engine block, leading to engine failure after Walker resold the bus. The court found that the agreement to install a new short block constituted an express warranty under California Civil Code § 1732, and the Defendants were in breach of contract. Despite defense arguments about the sufficiency of evidence and the classification of damages, the court upheld the judgment. It ruled that Walker could recover damages for breach of warranty, provided timely notice was given to the Defendants, which was done within 30 days of discovering the defect. The court also confirmed the recoverability of damages for reasonable efforts to conform the bus to the warranty and amounts owed to subpurchasers. Ultimately, the court affirmed the judgment in favor of the Plaintiff, emphasizing the Defendants' failure to fulfill their warranty obligations.

Legal Issues Addressed

Breach of Contract and Warranty under California Civil Code

Application: The court found that a promise to install a new engine short block constituted an express warranty under California Civil Code § 1732, regardless of the absence of the term 'warrant' in the agreement.

Reasoning: Under California Civil Code § 1732, a promise to install a new short block constituted an express warranty, regardless of whether the term 'warrant' was used.

Recoverability of Damages in Breach of Warranty

Application: The court ruled that damages incurred from efforts to conform goods to the warranty and amounts owed to subpurchasers were recoverable.

Reasoning: The court also ruled that damages for reasonable efforts to conform the bus to the warranty were recoverable, along with amounts owed to a subpurchaser when the buyer resold the bus under similar warranties.

Sufficiency of Evidence in Breach of Contract Claims

Application: The court determined that there was sufficient evidence to support the breach of contract claim, rejecting the defense's arguments concerning the lack of proof and issues with the pleadings.

Reasoning: The court found sufficient evidence to support the breach of contract claim, rejecting several defense arguments on appeal: that the judgment lacked proof, that the pleadings did not raise the breach issue...

Timely Notice of Breach in Warranty Claims

Application: The court upheld that buyers can recover damages for breach of warranty if they notify the seller of the breach in a timely manner, as demonstrated by the Plaintiff's Assignor notifying the Defendants within 30 days.

Reasoning: The court upheld that the buyer could claim damages for breach of warranty, even after accepting the goods, provided notice of the breach was given timely. In this case, the Plaintiff's Assignor notified the Defendants of the breach within 30 days...