Keller v. Inland Metals All Weather Conditioning, Inc.

76 P.3d 977, 139 Idaho 233, 51 U.C.C. Rep. Serv. 2d (West) 303, 2003 Ida. LEXIS 141
CourtIdaho Supreme Court
DecidedAugust 29, 2003
Docket26246
StatusPublished
Cited by11 cases

This text of 76 P.3d 977 (Keller v. Inland Metals All Weather Conditioning, Inc.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keller v. Inland Metals All Weather Conditioning, Inc., 76 P.3d 977, 139 Idaho 233, 51 U.C.C. Rep. Serv. 2d (West) 303, 2003 Ida. LEXIS 141 (Idaho 2003).

Opinions

EISMANN, Justice.

This is an appeal from the award of damages for the breach of a warranty of fitness for a particular purpose in the sale of a dehumidifier for an athletic club. We affirm the judgment as modified.

I. FACTS AND PROCEDURAL HISTORY

The defendant-appellant Inland Metals All Weather Conditioning, Inc. (Inland Metals) is a heating, ventilation, and air conditioning contractor located in Clarkston, Washington. From January 1991 to July 1999, the plaintiffs-respondents Brian and Clarice Keller owned and operated a business known as Adcope Athletic Club located in Lewiston, Idaho. They conducted their business in leased premises. On July 1, 1999, the Kel-lers sold the athletic club to Adcope L.L.C.

In December 1995 the Kellers extensively remodeled the building in which they operated their athletic club, including replacing the aboveground swimming pool with a below-ground pool. Once the remodeling was completed and the club reopened in January 1996, the Kellers began receiving complaints from their customers that the air in the pool area was hot, humid, and had a bad odor.

Seeking to remedy the odor and humidity problems, in November and December 1996 the Kellers solicited and received bids from two heating, ventilation, and air-conditioning contractors. Inland Metals submitted a bid to sell and install a 7^-ton dehumidifier at a total cost of $30,081.00, and the other contractor submitted bids to sell and install a 10-ton dehumidifier at a total cost of $40,740.00 or a 12-ton dehumidifier at a total cost of $39,300.00. After a period of continued discussions with representatives of Inland Metals, on March 11, 1997, Mr. Keller accepted its bid to install the 7/¿-ton dehumidifier. Inland Metals installed the dehumidifier on June 20, 1997. At the time of the installation, the Kellers were out of town. Upon their return on July 2, 1997, then-employees informed them that the dehumidifier was not working well. The Kellers informed Inland Metals that they would not pay for the dehumidifier until it was working properly. In response to complaints during the ensuing months, Inland Metals employees visited the club many times, but they were unable to make the dehumidifier perform to the Kellers’ satisfaction.

On October 30, 1997, Adcope L.L.C. filed this action seeking to rescind the contract with Inland Metals and to recover damages. Inland Metals counterclaimed to foreclose its mechanic’s lien. The case was tried to the district court, and it found that Inland Metals had breached express and implied warranties that the dehumidifier was fit for its intended purpose and that the Kellers had timely rejected the dehumidifier. It awarded the Kel-lers 1 damages in the sum of $13,452.00 plus costs and attorney’s fees totaling $74,400.28 and denied Inland Metals any recovery on its counterclaim. Inland Metals then timely appealed.

II. ISSUES ON APPEAL

A. Did the district court err in finding that Inland Metals breached a warranty of fitness for a particular purpose?

B. Did the district court err in finding that the Kellers rightfully rejected the dehumidifier?

C. Did the district court err in awarding damages?

D. Did the district court err in finding that the Kellers were the prevailing party?

[236]*236E. Did the district court err in failing to award Inland Metals damages equal to the contract price of the rightfully rejected dehumidifier?

F. Is either party entitled to an award of attorney fees on appeal?

III. ANALYSIS

A trial court’s findings of fact will not be set aside on appeal unless they are clearly erroneous. Bramwell v. South Rigby Canal Co., 136 Idaho 648, 39 P.3d 588 (2001); IDAHO R. CIV. P. 52(a). When deciding whether findings of fact are clearly erroneous, this Court does not substitute its view of the facts for that of the trial court. Id. It is the province of the trial court to weigh conflicting evidence and to judge the credibility of witnesses. Rowley v. Fuhrman, 133 Idaho 105, 982 P.2d 940 (1999). On appeal, this Court examines the record to see if challenged findings of fact are supported by substantial, competent evidence. Id. Evidence is regarded as substantial if a reasonable trier of fact would accept it and rely upon it in determining whether a disputed point of fact has been proven. Bramwell v. South Rigby Canal Co., 136 Idaho 648, 39 P.3d 588 (2001).

A. Did the District Court Err in Finding that Inland Metals Breached a Warranty of Fitness for a Particular Purpose?

The district court found that a letter dated January 28,1997, sent by the president of Inland Metals to Mr. Keller created an express warranty of fitness for a particular purpose in the sale of the dehumidifier. In that letter, Inland Metals’ president stated:

As you already know the air in your pool area is very stale and offends the eyes and throat because of the elements in the air. Mr. Ash pointed out that although you do have a wonderful remodeled pool, the job was just never totally completed.- As in any indoor pool, the air needs to be treated with outdoor fresh air, dehumidified, air conditioned in the summer, and heated in the winter. This ducted system will rid . you of the sweating walls, (that will by the way eventually ruin the structure), and eliminate those offensive odors, and overall “bad air”. This is not an uncommon problem, and all commercial pool owner’s [sic] face the same thing until they install one of these systems.
Once you complete this installation your air problems should be over, and your customer’s [sic] should be satisfied and happy.

Inland Metals contends on appeal that the letter cannot constitute an express warranty because it did not contain an affirmation of fact or promise, but was merely puffery. Whether or not the letter created an express warranty must be determined by Considering the circumstances in which the statements in the letter were made.

In an attempt to remedy the odor and humidity problems, Mr. Keller solicited and received bids from two heating, ventilation, and air-conditioning contractors. Inland Metals submitted a bid to sell and install a 7)¿-ton dehumidifier at a total cost of $30,081.00. The other contractor submitted bids to sell and install a 10-ton dehumidifier at a total cost of $40,740.00 or a 12-ton dehumidifier at a total cost of $39,300.00. Before Inland Metals had submitted its bid, its president visited the athletic club and discussed the humidity and odor problems with Mr. Keller.

Upon receiving the bids, Mr. Keller again contacted the president of Inland Metals because he was concerned that Inland Metals had recommended a 7}¿-ton dehumidifier and the other contractor had recommended at least a 10-ton dehumidifier. He wanted to make sure that the- dehumidifier recommended by Inland Metals was of sufficient size to take care of the problems. In response, Inland Metals’ president arranged to meet with Mr. Keller and to have Jim Ash, a representative of the manufacturer of the dehumidifier listed in Inland Metals’ bid, also attend that meeting.

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

Related

April Beguesse, Inc. v. Kenneth Rammell
328 P.3d 480 (Idaho Supreme Court, 2014)
Hurtado v. LAND O'LAKES, INC.
278 P.3d 415 (Idaho Supreme Court, 2012)
WATKINS CO., LLC v. Storms
272 P.3d 503 (Idaho Supreme Court, 2012)
Caldwell v. COMETTO
253 P.3d 708 (Idaho Supreme Court, 2011)
Wright v. Board of Psychological Examiners
224 P.3d 1131 (Idaho Supreme Court, 2010)
In Re Wright
224 P.3d 1131 (Idaho Supreme Court, 2010)
Panike & Sons Farms, Inc. v. Smith
212 P.3d 992 (Idaho Supreme Court, 2009)
Borah v. McCandless
205 P.3d 1209 (Idaho Supreme Court, 2009)
Keller v. Inland Metals All Weather Conditioning, Inc.
76 P.3d 977 (Idaho Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
76 P.3d 977, 139 Idaho 233, 51 U.C.C. Rep. Serv. 2d (West) 303, 2003 Ida. LEXIS 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keller-v-inland-metals-all-weather-conditioning-inc-idaho-2003.