Defendant seller sought review of the judgment of the Superior Court of Los Angeles County (California) which rendered judgment in favor of plaintiff buyer for damages in an action for breach of contracts for the purchase and sale of automobiles.

Overview

The buyer and seller entered into seven separate contracts for the purchase and sale of seven automobiles. The buyer filed an action for breach of contract. The seller hire a lawyer that claimed they entered into an additional contract to sell 10 automobiles, plus the additional cost of installing special bodies on the automobiles, and that it refused to make additional deliveries after the buyer breached the contract. The trial court entered judgment in favor of the buyer and awarded damages. On appeal, the court affirmed the judgment in favor of the buyer. The court held that permitting the seller to prove an addition to the contracts would have directly contradicted a declaration of intention that the writings themselves were complete contracts. The trial court did not err in refusing to admit evidence of custom and usage in the automobile business because it could not have been done without contradicting the parties' agreement. Finally, the measure of damages was appropriately determined in accordance with Cal. Civ. Code §§ 3308, 3354.

Outcome

The court affirmed the judgment awarding damages to the buyer for the seller's breach of seven identical contracts for the purchase and sale of automobiles.