[Download] "Chandler v. Gapinski" by Wisconsin Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Chandler v. Gapinski
- Author : Wisconsin Court of Appeals
- Release Date : January 26, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Jerry Chandler appeals from a judgment dismissing his complaint following a bench trial. The issue is whether Larry Gapinski, d/b/a L & L Custom Performance (L & L Custom), breached their contract for the restoration of Chandlers 1955 Chevrolet Bel Air (1955 Chevy). We conclude that the contract was ambiguous and that the trial courts factual findings were not clearly erroneous. Therefore, we affirm. Chandler contracted with L & L Custom to restore his 1955 Chevy for $5,500. The relevant excerpts of L & L Customs estimate and repair order, signed by both parties, directed L & L Custom to "Disassemble. Strip. Restore Body and underside to original all steel configuration" for "$5,000 - $5,500." Chandler testified that the phrase meant that the car would be restored to show quality. Gapinski acknowledged that L & L Custom did not restore the 1955 Chevy to show quality. Gapinski testified that he understood that Chandlers "top dollar figure" was $6,000 to restore the car so "that he could take to the car shows on weekends ...." Both parties experts testified that the estimated amount was consistent with a cosmetic restoration, not a restoration to show quality. There was also considerable expert testimony that the restoration was worth significantly more than the contractual estimate. After a bench trial, the trial court concluded that there was no breach of contract because Chandler "got what bargained for." Chandler appeals.