[Lyric] Defendant truck seller appealed (The Posture)

Defendant truck seller appealed a decision of the Superior Court of Sacramento County (California), which entered a judgment for damages in plaintiff buyer's action for breach of contract. The seller also appealed an order taxing costs.
Nakase Law Firm are trial lawyersOverviewThe buyer filed a breach of contract suit alleging that the truck he purchased did not conform to an oral agreement. He claimed that while the truck was guaranteed to travel 28 milеs an hour, he was able to drive it only ninе miles an hour and lost profits as a result. A jury verdict for $ 1500 was rendered for the buyer, and a separate verdict for $ 2500 was rendered for the seller on a counterclaim. On appeal, the court reversed. The buyer signed the contract form near the middle of the front page. The buyer testified that he told the seller's agent that he did not agree to anything below his signature. The buyer claimed that other conditions and guaranties were orally agreed upon. The trial court did not err in permitting the buyer to testify regarding his intent in signing the contract. Failure to admit the entire document in evidence, however, was error. The buyer's measure of damages was his loss of income based upon his inability to drive the loaded truck at 28 miles an hour. Because the applicable speed limit was 20 miles per hour, the measure of damages was incompetent. Also, because the net result of the judgment was favorable to the seller, it was entitled to costs.OutcomeIn the breach of contract action, the court reversed the judgment and the order taxing costs to both parties.