Jim McKain Ford, Inc. v. Oliver

414 A.2d 691, 272 Pa. Super. 104, 1979 Pa. Super. LEXIS 3259
CourtSuperior Court of Pennsylvania
DecidedNovember 21, 1979
DocketNo. 1253
StatusPublished
Cited by1 cases

This text of 414 A.2d 691 (Jim McKain Ford, Inc. v. Oliver) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jim McKain Ford, Inc. v. Oliver, 414 A.2d 691, 272 Pa. Super. 104, 1979 Pa. Super. LEXIS 3259 (Pa. Ct. App. 1979).

Opinions

CERCONE, President Judge:

The question presented is whether there is competent and sufficient evidence of record to support the lower court’s conclusions that an implied-in-fact contract of debt assumption existed between plaintiff and defendants, husband and wife, which contract justified recovery by plaintiff-appellee the amount it advanced to a credit company on behalf of defendant-appellants.1 Our review of the record [107]*107reveals that there is abundant evidence to support the lower court’s findings and conclusions of law based thereon; accordingly, we affirm.2

On or about April 1, 1975, appellants, Mr. and Mrs. Oliver, purchased a used 1973 Ford automobile (Galaxy) from appellees, Jim McKain Ford, Inc. (McKain). The sale was consummated by an “Automobile Retail Installment Contract,” executed by the Olivers, who also signed the required “Verification of Insurance” on the auto. This contract also provided for financing of the purchase price ($2,495.00) by Ford Motor Credit Company (Credit Company). The Olivers accepted delivery of the Galaxy on April 5, 1975, and Mr. Oliver, accompanied by Mrs. Oliver, drove the car from McKain’s place of business to a service station, a distance of approximately 10 miles. During this routine stop, some work was performed under the hood. Shortly thereafter, for no apparent reason, the Galaxy ignited in flames and was completely destroyed.

Mr. Oliver informed a McKain representative of the destruction of the auto and arranged to have it towed back to the dealership. Upon the car’s arrival, Mr. Hardin, the salesman who had earlier sold the Galaxy to the Olivers, provided Mr. Oliver with a free loaner automobile at the latter’s request.3 At this juncture, the facts are contested by the parties. McKain’s agent, Mr. Hardin, testified that Mr. Oliver stated to him “that [Mr. Oliver’s] insurance company would take care of [payment for the destroyed vehicle].” Notes of Testimony at 13. The Olivers, however, both testified that neither of them ever made an express personal promise to pay, or a promise that their insurance [108]*108company would reimburse McKain if McKain satisfied the debt to the Credit Company. Nevertheless, McKain’s employees further testified that based upon this alleged promise, and at the request of the Olivers, they not only found the Olivers a similar auto for future purchase, but also paid off the outstanding lien on the Galaxy in order that the Olivers could obtain financing for the proposed second purchase.

Subsequently, the Olivers returned the loaner, and executed another contract for the purchase of a second car.4 The circumstances surrounding this second purchase are also disputed by the parties. Mr. David Sheft, McKain’s used car manager who delivered the second auto to Mr. Oliver, testified that Mr. Oliver again reaffirmed the fact that “he was turning it into his insurance company.” Notes of Testimony at 31. Appellants, however, testified that no such statements were made, and furthermore, “[t]here was no statement [McKain] would pay the [Galaxy] off.” Notes of Testimony at 54. Approximately a week after this second purchase, the Credit Company,, which had received payment of the outstanding lien on the Galaxy from McKain, mailed the contract governing the initial sale of the Galaxy to the Olivers. While the contract was stamped “lien discharged,” Mr. Oliver curiously testified that he never inquired as to who had satisfied the lien. Notes of Testimony at 55.

After repeated demands for the advanced funds, McKain filed a complaint in arbitration. The arbitration panel rendered a decision in favor of McKain for $2,495.00. The Olivers appealed this adverse award to the Court of Common Pleas of Allegheny County. In a nonjury trial held before the Honorable Eunice Ross, verdict was entered against both Olivers for the amount advanced. Timely exceptions to the verdict having been filed and denied by the court en banc, this appeal ensued.

[109]*109Appellants boldly assert that the record before the lower court was “absolutely devoid of any evidence” which would support a finding that the Olivers promised to pay the amount due under the original installment contract to McKain. They further reason that since no such facts could properly be found, the court below erred when it concluded that an implied-in-fact contract existed, which contract was supported by the promise of the Olivers to reimburse McKain in return for McKain’s act of satisfying the outstanding lien created by the original installment contract.

In evaluating appellants’ contentions our standard of review is a narrow one.

It is axiomatic in the law of this Commonwealth that the findings of fact of a trial judge, sitting without a jury, sustained by the court en banc, have the force and effect of a jury’s verdict, and, if based on sufficient evidence, will not be disturbed on appeal.

Girard Trust Bank v. Sweeney, 426 Pa. 324, 330, 231 A.2d 407, 411 (1967). E. g., Adoption of S. H., 476 Pa. 608, 611, 383 A.2d 529, 530 (1978); Citizens Bldg. & Loan Ass’n v. Dise, 190 Pa.Super. 428, 154 A.2d 304 (1959). As a reviewing court, therefore, we must not only view the testimony in the light most favorable to the verdict winner, Rubinstein v. J. E. Kunkle Co., 244 Pa.Super. 474, 368 A.2d 819 (1976), and grant it the benefit of every reasonable inference therefrom, but also, where as here, the evidence is based upon the testimony of witnesses, we must defer to the lower court’s determination of the witness’ credibility, Burston v. Dodson, 257 Pa.Super. 1, 14, 390 A.2d 216, 222 (1978), absent a clear abuse of the lower court’s discretion. E. g., West Penn Admin., Inc. v. Union Nat. Bank, 233 Pa.Super. 311, 337, 335 A.2d 725, 737 (1975).

In the case at bar, the account advanced by Mr. Oliver of the two conversations with McKain’s agents was rejected by the lower court and found to be “incredible.” Thus, the court below found as true that Mr. Oliver made the statement that his insurance company would take care of the purchase price of the Galaxy, a finding which is not seriously [110]*110disputed by the Olivers on appeal, and is indeed amply supported by the testimony of McKain’s agents. The lower court also found that based upon the relationship of the parties and the circumstances surrounding the conversation, McKain did not intend to make a gratuitous promise of payment of the Olivers’ debt, a finding also not disputed on appeal. Further found was the fact that McKain actually advanced the debt amount with the understanding that the Olivers had promised to reimburse the dealership with funds from their insurance proceeds.5 From the above threshold findings of fact, the lower court reasoned that an implied-in-fact contract for repayment of the amount advanced existed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Collincini v. Honeywell, Inc.
601 A.2d 292 (Superior Court of Pennsylvania, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
414 A.2d 691, 272 Pa. Super. 104, 1979 Pa. Super. LEXIS 3259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jim-mckain-ford-inc-v-oliver-pasuperct-1979.