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Florida Recycling Services v. Petersen Industries

858 So. 2d 1114 (2003)

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Florida Recycling Services v. Petersen Industries

Florida District Court of Appeal
858 So. 2d 1114 (2003)

RW

Facts

Florida Recycling Services, Inc. (Florida Recycling) (defendant) contracted to purchase a truck-borne, heavy-goods loader from Petersen Industries, Inc. (Petersen) (plaintiff). As it did for each of its customers, Petersen custom modified the loader to fit Florida Recycling’s truck. Petersen completed its modifications. Florida Recycling refused to take delivery of the loader or pay Petersen for the modifications. Petersen was able to resell the loader to a second buyer, but the resale required Petersen to make a new set of modifications. Petersen sued Florida Recycling under Florida’s Uniform Commercial Code (UCC). The trial court ruled that Florida Recycling breached its contract with Petersen. The court awarded Petersen damages that included lost profits plus interest and litigation costs. However, the court’s award excluded incidental damages for the cost of modifying the loader for Florida Recycling. Florida Recycling appealed to the Florida District Court of Appeal. The appellate court affirmed the trial court’s judgment as to Florida Recycling’s breach of contract. The appellate court then turned to Petersen’s cross-appeal of the trial court’s damages award.

Rule of Law

Issue

Holding and Reasoning (Northcutt, J.)

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