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Shepherd v. Aaron Rents, Inc.

Citations: 430 S.E.2d 67; 208 Ga. App. 139; 93 Fulton County D. Rep. 1053; 1993 Ga. App. LEXIS 423Docket: A92A2040

Court: Court of Appeals of Georgia; March 9, 1993; Georgia; State Appellate Court

Narrative Opinion Summary

The case involves Aaron Rents, Inc. suing the sellers of Ball Stalker Company for breach of warranty following an acquisition. In the transaction, Aaron Rents paid $2.5 million and assumed $5.5 million in liabilities, relying on the sellers' warranties regarding the inventory's value and saleability. Post-acquisition, Aaron Rents discovered the inventory was largely unsaleable, realizing only $200,000 in sales over two years, significantly less than its represented value. The jury determined that the sellers had breached their warranty and acted in bad faith, awarding Aaron Rents $398,000 in damages, $11,144 in prejudgment interest, and $150,000 in attorney fees. The sellers' appeals, which contested the jury's findings and the characterization of the warranty, were denied. The appellate court found substantial evidence supporting the jury's verdict, emphasizing the reasonable reliance on the sellers' factual representations and the sellers' failure to disclose material issues during negotiations. The court upheld the trial court's denial of motions for directed verdict and judgment notwithstanding the verdict, concluding the evidence was sufficient to support the awards for damages and attorney fees.

Legal Issues Addressed

Attorney Fees for Bad Faith

Application: Aaron Rents was awarded attorney fees due to the sellers' bad faith conduct during negotiations.

Reasoning: Additionally, under OCGA 13-6-11, a plaintiff may recover attorney fees if the defendant acted in bad faith or caused unnecessary litigation expenses.

Breach of Warranty in Sales Contracts

Application: Aaron Rents, Inc. successfully claimed breach of warranty when the inventory value was misrepresented, leading to an award for damages.

Reasoning: The sales contract included warranties from the sellers regarding the inventory's saleability and value.

Distinction Between Opinion and Warranty

Application: The court determined that the sellers' statements about inventory value were warranties rather than opinions, influencing the buyer's reliance.

Reasoning: The legal standard for distinguishing between opinion and warranty hinges on whether the seller's language stated a fact that the buyer would reasonably rely upon.

Evidence of Damages and Bad Faith

Application: Aaron Rents provided adequate evidence of the inventory's diminished value and the sellers' bad faith, supporting the jury's verdict.

Reasoning: The court disagreed, stating reasonable certainty in damage estimates suffices, and difficulty in determining the exact amount does not prevent an award.

Jury's Role in Determining Warranty and Damages

Application: The question of whether a warranty was made and the amount of damages was determined to be appropriate for the jury.

Reasoning: As such, whether a warranty was made is a jury question, validating the trial court's denial of the sellers' motion for directed verdict and judgment n.o.v.