Florida cases that are similar to this made-up case and use Florida statutes only. Has to be a memorandum in FIRAC method.

To: Paralegal From: Supervising Atty Date: 11/9/2021 Re: Michael Jones and Grimy's Auto and Truck Service

Our client, Michael Jones, came to us with the following problem. Mr. Jones wants to know whether this is a matter that he should pursue with litigation. I would like you to evaluate the cases in light of the facts presented and write an objective memo as to your findings.

Grimy's Auto and Truck Repair Service, Inc., was in the business of buying, reconditioning, and then selling used trucks. Grimy's Headquarters is located at 2300 Stream Road, Village of Stream Grove, Illinois. Our client visited the Grimy's in Aventura, Florida.

On November 28, 2018, Mr. Jones purchased from Grimy's a 1983 Kenworth truck and paid the agreed-upon purchase price of $15,225.00 in full. The agreement to purchase the truck was based upon the following representations by Grimy's:

the engine of the truck was completed overhauled and consisted of newly rebuilt, reconditioned parts;

all parts in the rebuilt engine would be guaranteed and Jones would be supplied with invoices for parts purchased to overhaul the engine;

the tractor/trailer was like brand new and ready for road use of the type and extent generally involved in the over-the-road interstate trucking industry.

Mr. Jones claims that the truck was not in the condition that Grimy's represented it to be in. The heads were old and had not been reconditions and other parts, including at least two pistons, two rods, two sleeves, and injectors were not new, were defective, and had not been reconditioned. As a consequence of the failure of the truck to be in the agreed-upon condition, the truck broke down causing Mr. Jones to miss jobs for extended periods of time; this resulted in a loss of wages for Mr. Jones.

Mr. Jones also made the following expenditures to repair the truck:

a) $3,604.18 for replacement of Nos. 5 and 6 cylinders with 1989 parts that occurred on December 23, 2018;

b) $312.49 for replacement of a broken path tube in No. 6 cylinder with a 1991 part on December 13, 2018;

c) $247.00 for towing the truck to Grimy's on December 16,2019;

d) Estimated repair costs of $9,000.00 to repair the vehicle that is currently disabled

in Columbus, Ohio.

Mr. Jones wants to sue Grimy's for lost wages and profits as well as the cost of repairing the truck. The two issues that you should focus on are as follows:

By repairing and continuing to use the truck, despite the defects, did Jones' behavior indicate acceptance?

Whether Jones improperly rejected the truck?