June 30, 2009

Court examines warranty of fitness, warranty of merchantability, breach of contract, measure of damages in breach of contract case


DAN STERN HOMES, INC. v. DESIGNER FLOORS & HOMES, INC., ET AL. (Tenn. Ct. App. June 30, 2009).

Appellants, a flooring company hired to install hardwood flooring at a home being built by Appellee, appeal the judgment of the trial court finding them liable for breach of contract and breach of warranty and awarding damages to Appellee. Appellants were hired to install hardwood flooring at a home being built by Appellee. After installation of the floors, problems developed; Appellants tried to correct the problems on numerous occasions to no avail. Appellee hired another subcontractor to refinish the hardwood flooring and to resolve the problems associated therewith. Appellee subsequently brought action against Appellant to recover amounts paid to subcontractor and the trial court awarded Appellee full measure of damages sought. We modify and affirm the judgment of the trial court.


Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/dansternhomes_070109.pdf