Brown v. Garrett

306 P.3d 1014, 175 Wash. App. 357 (2013)

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Brown v. Garrett

Washington Court of Appeals
306 P.3d 1014, 175 Wash. App. 357 (2013)

Facts

Rod J. Garrett d/b/a Best Auto Limited (defendant) and Mark A. Thompson d/b/a Best Auto (defendant) (collectively, Best Auto) sold used cars in the state of Washington. In April 2008, Best Auto listed a Mini Cooper for sale on eBay. The listing claimed that the vehicle was in excellent condition and that Best Auto had driven it for several miles on the highway. The listing stated that several body panels had been repainted but that Best Auto was not aware of any history of accidents. The listing also stated that the vehicle could be shipped anywhere in North America. William and Julie Brown (plaintiffs), Texas residents, saw the listing and called Best Auto to purchase the vehicle, agreeing to pay $11,250. Best Auto communicated with the Browns in Texas by telephone, email, and fax to obtain a wire transfer of the purchase price and arrange shipment of the Mini Cooper to Texas. The purchase contract contained a forum-selection clause choosing Washington. Shortly after picking up the Mini Cooper, the Browns discovered that the Mini Cooper needed extensive mechanical repairs. The Browns contacted Best Auto, but Best Auto refused to take the vehicle back. The Browns and Best Auto discussed other options, and the Browns even unsuccessfully tried auctioning the vehicle at Best Auto’s suggestion, but the parties did not resolve the issue. When the title finally arrived, the Browns learned the Mini Cooper had been driven only one mile by Best Auto, contradicting the eBay listing’s claim that Best Auto had tested it on the highway. The Browns filed suit against Best Auto in Texas state court. Although Best Auto was properly served, Best Auto failed to enter an appearance in the Texas suit. The Texas court granted default judgment in favor of the Browns, and the Browns filed the judgment in Washington state court, obtaining a writ to garnish Best Auto’s funds. The trial court granted Best Auto’s motion to vacate the Texas judgment and quashed the writ of garnishment, holding the Texas court did not have personal jurisdiction over Best Auto, and that the forum-selection clause required the action to be filed in Washington.

Rule of Law

Issue

Holding and Reasoning (Schindler, J.)

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