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Corono Oro3/28/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Plaintiff Corono Oro, Inc., doing business as Stewart's Office Furniture (reseller), brought this action against defendant Harry Thompson (broker), doing business as Hetson & Associates, for damages arising out of an alleged breach of a contract to sell office work stations or cubicles. After a court trial, the court entered judgment for reseller in the principal amount of $40,500.00 plus $9,087.53 prejudgment interest dating from April 1, 1998. The principal amount consisted of $36,000.00 for the extra cost of cover goods, extra delivery charges of $850.00, additional installation time of $1,000.00, and $2,650.00 for additional work performed by Steven Hollenback, a principal of reseller.
On appeal broker contends that the judgment lacks evidentiary support as to the existence of a contract and the amounts of damages. We agree that the award of $2,650.00 is unsupported by the evidence. As a consequence, the award of prejudgment interest will have to be recalculated. Accordingly we will reverse the judgment.
Trial Evidence
At the end of February 1998, Steven Hollenback, an owner of reseller, told Mark Dalton, a sales representative of reseller, that reseller had a business customer, Silicon Valley Communications (SVC), that was looking for 76 work stations or cubicles on a budget. Dalton heard that a company named Radius had work stations for sale so he made an appointment to see them. At the company's site Hollenback, Dalton, and an SVC representative viewed the cubicles. They encountered broker and Dave Repco taking inventory. Dalton talked primarily with broker while Hollenback talked with Repco, who was working with broker.
According to Dalton, broker said he had cubicles for sale. They were not his cubicles. He was brokering them for Radius. Dalton assumed from his experience in the office furniture business that broker would not be inventorying the product unless Radius had already agreed he could sell it.
The work stations were in good condition. Dalton and Hollenback told broker they wanted 76 cubicles. Broker said they had enough. Dalton told broker he would give him a deposit. Dalton thought there might be several offers on such a good product and he wanted to secure the transaction. Hollenback told broker that he would like to be able to pick out the nicest pieces and red tag them. Broker said he would do that. They would be available for pickup within a few days.
According to broker, he told Dalton that he was inventorying the product in order to prepare an estimate to make a bid to Radius.
On Thursday, February 26, 1998, Dalton picked up a check for $38,000.00 from Hollenback. Hollenback told Dalton he wanted the deal carved in stone because he had taken a $60,000.00 deposit from SVC.
Dalton brought the check to broker's office the next day. He asked for a receipt for the deposit and confirmation that they were looking at 76 work stations. Broker had a woman in his office prepare the document. What Dalton received was an invoice form (sometimes "the document") from Hetson & Associates dated February 27, 1998. It described 76 work stations at a price of $1,000 each, 10 eight-by-ten work stations and the rest eight feet by eight feet. It also listed 76 chairs at $75 each. It included a sales tax and a total amount. The document also ack
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