Question
I need relevant Florida cases and statutes for the following hypothetical case: Our client, M. Jones, came to us with the following problem. Jones wants
I need relevant Florida cases and statutes for the following hypothetical case:
Our client, M. Jones, came to us with the following problem. Jones wants to know whether this is a matter they should pursue with litigation.
Grimy's 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 in full. The agreement to purchase was based on the following representations made by Grimy's:
- the engine of the truck was completely 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 over-the-road interstate trucking industry.
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 reconditioned and other parts, including at least to pistons, two rods 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 Jones to miss jobs for extended periods of time; this resulted in a loss of wages for Jones.
Jones also made the following expenditures to repair the truck:
- $3,604.18 for replacement of Nos. 5 and 6 cylinders with 1989 parts that occurred on Dec. 23, 2018;
- $312.49 for replacement if a broken path tube in No. 6 cylinder with a 1991 part on Dec. 13, 2018;
- $247.00 for towing the truck to Grimy's on Dec. 16, 2019;
- Estimated repair costs of $9,000.00 to repair the vehicle that is currently disabled in Columbus, Ohio.
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's behavior indicate acceptance?
- Whether Jones properly rejected the truck.
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