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Keywords

contractbreach of contractappealtrialsummary judgment

Related Cases

La Trace v. Webster, 17 So.3d 1210, 67 UCC Rep.Serv.2d 78

Facts

Richard W. La Trace attended an auction conducted by B & B Antiques & Auctions in March 2000, where he purchased five lamps and a lamp shade identified as Tiffany products for a total of $56,200. After the auction, he learned from an expert that the lamps were reproductions, leading him to file a complaint against the auction owners for fraudulent suppression, misrepresentation, breach of warranty, and other claims. The auction owners argued that disclaimers in their auction conditions barred La Trace's claims.

La Trace claimed that a B & B brochure had attracted him to the auction. La Trace also claimed that, in August 2003, he had contacted Fontaine's Auction Gallery in Pittsfield, Massachusetts, to inquire about selling the lamps in an auction. La Trace claims that Fontaine's sent Dean Lowry, an expert in Tiffany products, to examine La Trace's lamps and that Lowry determined that the lamps were not authentic Tiffany products but were, in fact, reproductions.

Issue

Did the auction owners breach express warranties and commit fraudulent misrepresentation by representing the lamps as Tiffany products, despite disclaimers in the auction conditions?

Rule

Under Alabama's UCC, express warranties can be created through affirmations of fact or descriptions of goods, and such warranties cannot be disclaimed if the disclaiming language is inconsistent with the affirmations.

Analysis

The court found that the auction owners' statements during the auction that the lamps were Tiffany products constituted express warranties, which were not negated by the disclaimers in the auction conditions. The court emphasized that the representations made during the auction were factual affirmations that formed part of the basis of the bargain, and thus, the disclaimers could not bar La Trace's claims.

Conclusion

The Court of Civil Appeals affirmed the trial court's summary judgment on the fraudulent suppression claim but reversed the judgment regarding the breach of warranty, breach of contract, and fraudulent misrepresentation claims, remanding the case for further proceedings.

Who won?

The Websters prevailed on the fraudulent suppression claim, as the court found no evidence of a duty to disclose or a confidential relationship that would impose such a duty.

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