Barnard v. Compugraphic Corp.

667 P.2d 117, 35 Wash. App. 414, 37 U.C.C. Rep. Serv. (West) 141, 1983 Wash. App. LEXIS 2655
CourtCourt of Appeals of Washington
DecidedJuly 21, 1983
DocketNo. 4968-0-III
StatusPublished
Cited by15 cases

This text of 667 P.2d 117 (Barnard v. Compugraphic Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnard v. Compugraphic Corp., 667 P.2d 117, 35 Wash. App. 414, 37 U.C.C. Rep. Serv. (West) 141, 1983 Wash. App. LEXIS 2655 (Wash. Ct. App. 1983).

Opinion

Green, J.

On April 18, 1978, Mr. and Mrs. Barnard, who owned a commercial printing business, contracted with Compugraphic Corporation to purchase a typeset machine—the EditWriter 7500. This action was brought by the Barnards against Compugraphic for damages due to malfunctioning of the EditWriter and two replacement machines. After a bench trial, the court awarded damages to the Barnards, finding Compugraphic breached implied and express warranties and negligently misrepresented the capability, suitability, reliability, serviceability, and profitability of the EditWriter. Both parties appeal from that award.

The record shows the Barnards agreed to purchase the EditWriter on representations that it had several timesaving features over the machines they had previously been using; it was designed to compose, store and produce typeset material. The machine consisted of a video terminal containing a keyboard programmer and a viewing screen which could display up to 6,000 characters, and a photo unit. Additionally, it had the capacity to store jobs, which the Barnards anticipated would be reordered, on "floppy disks" each of which held up to 300,000 characters. An unchallenged finding states:

[416]*416The purpose of the memory facility was to allow plaintiffs to reproduce jobs which they had once typeset without substantial effort. The ability to store, retrieve, and reproduce data was a prime sales feature represented to plaintiffs, and was a prime inducement in [plaintiffs'] decision to purchase.

The record further supports that the EditWriter did not function as represented. The "brains" of the machine, or the "ram board", was not functional; the keyboard locked up; the viewing screen blanked out or information shown on the screen did not transfer to the photo unit; the photo unit produced crooked lines, bouncy type, spontaneous capitalization, and shadow images. Moreover, the disk drive alignment malfunctioned, erasing information recorded onto the floppy disks. They experienced similar problems with two replacement machines. In another unchallenged finding, the court stated:

Although plaintiffs worked on the equipment whenever possible, days, nights and weekends, they were unable to make any of the Editwriter 7500's function as represented. Despite many repair efforts by Compugraphic Corporation representatives and despite continuous efforts by plaintiffs to make the equipment perform, it proved wholly impossible to make it perform as represented from the time of the initial installation in July, 1978, through the trial of this matter. This was a more than reasonable period of time to discover that the equipment would not operate as represented.

As a result of the machine breakdowns, the Barnards could not meet deadlines, received customer complaints over the quality of the jobs produced, and had to absorb expenses of redoing jobs which the EditWriter was supposed to store. No error is assigned to the court's finding which states:

The Compugraphic experience was devastating upon plaintiffs' business. Production delays, poor quality output and the inability to retrieve stored data caused plaintiffs to lose customers and profits, professional prestige, and to expend funds on nonproductive employee labor.

[417]*417The Barnards were awarded $117,797.55 plus costs and interest for the value of data stored in the machine, lost profits, employee wages and the purchase price of the machine and certain accessories. Compugraphic's appeal involves the propriety of this award.

Compugraphic essentially contends (1) the preponderance of the evidence shows the EditWriters did not "frequently" malfunction or have "considerable down time" as found by the trial court; (2) the evidence concerning the value of stored data that was destroyed or could not be used and lost profits from machine breakdowns was speculative.

It is well established this court will not disturb trial court findings which are supported by the evidence even if we may have found otherwise. Thorndike v. Hesperian Orchards, Inc., 54 Wn.2d 570, 343 P.2d 183 (1959).

An appellate court reviewing findings based on conflicting evidence, . . . need not consider evidence contrary to the findings. The question is, rather, "whether the evidence most favorable to the prevailing party supports challenged findings." North Pac. Plywood, Inc. v. Access Road Builders, Inc., 29 Wn. App. 228, 232, 628 P.2d 482 (1981).

Structurals Northwest, Ltd. v. Fifth & Park Place, Inc., 33 Wn. App. 710, 716, 658 P.2d 679 (1983). After reviewing the record, we conclude the court's findings of fact on these issues are supported by the evidence and those findings support the court's damage award.

Since Compugraphic does not challenge the court's findings concerning its liability or the fact that the Barnards were damaged, those findings are verities. Spokane v. Department of Labor & Indus., 34 Wn. App. 581, 633 P.2d 843 (1983). Under these circumstances, the Barnards are not to be denied recovery because the amount of damage is not susceptible to exact ascertainment or apportionment between Compugraphic's fault and other factors which may have contributed to the loss. Alpine Indus., Inc. v. Gohl, 30 Wn. App. 750, 755, 637 P.2d 998, 645 P.2d 737 [418]*418(1981); V.C. Edwards Contracting Co. v. Port of Tacoma, 7 Wn. App. 883, 889, 503 P.2d 1133 (1972), aff'd, 83 Wn.2d 7, 514 P.2d 1381 (1973). Evidence of damage is sufficient if it is the best evidence available and affords a reasonable basis for estimating the loss. Reefer Queen Co. v. Marine Constr. & Design Co., 73 Wn.2d 774, 781-82, 440 P.2d 448 (1968). Where damages cannot be ascertained with precision, the trial court must exercise its sound discretion. V.C. Edwards Contracting Co. v. Port of Tacoma, supra at 889. The amount of the award will, therefore, not be overturned absent a showing of abuse.

A careful review of the record leads us to conclude the Barnards provided the trial court with a reasonable basis for estimating their losses. Compugraphic's contentions go to the weight to be given the testimony and credibility of the witnesses which was within the trial court's province. The court's award was within the evidence and will therefore not be overturned.

We disagree with Compugraphic's contention that the award must be reversed because the Barnards did not show Compugraphic foresaw the extent of the loss. It is not necessary that the specific injury or amount of harm be foreseen, but only that a reasonable person in Compugraphic's position would foresee that in the usual course of events, damages would follow from its breach. Larsen v. Walton Plywood Co.,

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667 P.2d 117, 35 Wash. App. 414, 37 U.C.C. Rep. Serv. (West) 141, 1983 Wash. App. LEXIS 2655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnard-v-compugraphic-corp-washctapp-1983.