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Buss Aluminum Products, Inc. v. Alumflo, Inc.

Citations: 722 So. 2d 269; 38 U.C.C. Rep. Serv. 2d (West) 76; 1998 Fla. App. LEXIS 15897; 1998 WL 879145Docket: No. 97-04832

Court: District Court of Appeal of Florida; December 17, 1998; Florida; State Appellate Court

Narrative Opinion Summary

In this appellate case, Buss Aluminum Products, Inc. contested a trial court's final judgment that awarded Alumflo, Inc. $45,100.00 for breach of a lease/purchase agreement and breach of warranties related to used aluminum fabricating equipment. Alumflo's amended complaint included allegations of fraud, breach of warranty of fitness for a particular purpose, and breach of implied warranty of merchantability against Buss. After a nonjury trial, the court ruled in favor of Alumflo on all claims, awarding $37,974.55 for fraud and $7,125.46 for warranty breaches. Buss appealed, specifically challenging the fraud finding. The appellate court affirmed the trial court's decision on the fraud claim, maintaining the award. However, regarding the warranty claims, the appellate court found an error due to the lack of specific allocation of the damages awarded for the breach of implied warranty of merchantability and the warranty of fitness for a particular purpose. Alumflo conceded insufficient evidence for the latter claim, leading the appellate court to reverse the judgment on this aspect and remand for further proceedings to reassess damages for the implied warranty breach. The judgment was affirmed in all other respects.

Legal Issues Addressed

Breach of Implied Warranty of Merchantability

Application: The appellate court remands the case to determine the correct damages for the breach of implied warranty of merchantability due to the trial court's failure to allocate damages properly.

Reasoning: The trial court failed to specify how the $7,125.46 award was allocated between the two claims, leading to an erroneous award.

Breach of Lease/Purchase Agreement

Application: The appellate court addresses the breach of a lease/purchase agreement between Buss and Alumflo, ultimately affirming parts of the trial court's decision.

Reasoning: Buss Aluminum Products, Inc. (Buss) appeals a final judgment awarding Alumflo, Inc. (Alumflo) $45,100.00 for breach of a lease/purchase agreement and breach of warranties.

Breach of Warranty of Fitness for a Particular Purpose

Application: The appellate court reverses the trial court’s judgment on the breach of warranty of fitness for a particular purpose due to insufficient evidence, as conceded by Alumflo.

Reasoning: Alumflo conceded that the evidence did not support a breach of warranty for a particular purpose.

Fraud in Contractual Agreements

Application: The appellate court upholds the trial court's finding of fraud by Buss against Alumflo, affirming the damages awarded for this claim.

Reasoning: The appellate court finds no error in the fraud ruling and affirms the $37,974.55 award.