Tunis
Tunis v. Barrow
Opinion
Opinion
Lillie, J.
Defendants appeal from order denying their motion to vacate default judgment and order denying motion for rehearing.
Factual and Procedural Background
In December 1982 Ruth Tunis purchased a 1980 Trailmobile double-drop low-bed trailer from Roy Barrow, paying him $17,380.75. Barrow promised Tunis he would deliver the pink slip to her in short order. Unknown to Tunis, the trailer was subject to a lien in favor of Trailmobile, Inc., the manufacturer. Barrow gave his attorney, James Campbell, $14,500 of the purchase price paid by Tunis with the understanding that Campbell would pay that sum to Trailmobile in return for the pink slip. Campbell assured Barrow he would have the pink slip by Friday of the week the sale was made, and Barrow so informed Tunis. The pink slip was not obtained.
In July 1983 Tunis sued Barrow for breach of contract and fraud based on his failure to deliver title to the trailer. Plaintiff sought compensatory damages not less than $19,880.75 (purchase price of trailer plus cost of improvements thereon made by plaintiff) and punitive damages not less than $100,000. In August 1983 a first amended complaint was filed adding as defendants BHY Equipment…