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Liberty Homes v. Epperson
Alabama Supreme Court
581 So. 2d 449 (1991)
Darniece and Fred Epperson (plaintiffs) contracted with a Liberty Homes, Inc. (Liberty) (defendant) dealer for the purchase of a Liberty double-wide mobile home built to the Eppersons’ specifications. The Eppersons financed their purchase. As soon as the Eppersons took delivery of their new home, they became aware of its dangerously faulty electrical system. Over the next three years, the Eppersons worked fruitlessly with Liberty and its dealer to repair the system. Finally, Liberty notified the Eppersons that the home would need to be completely rewired. The Eppersons were forced, at great inconvenience and expense, to move into much smaller quarters until the rewiring was completed. The Eppersons worried that this temporary residence could catch fire, which possibility they took steps to prevent. When the Eppersons’ added expenses prevented them from keeping up with their finance payments, the finance company repossessed their home. The Eppersons sued Liberty. The trial-court jury found that Liberty breached its contract with the Eppersons and awarded them their actual damages and damages for emotional distress. The trial court denied Liberty’s motion for a directed verdict, a judgment notwithstanding the verdict, or a new trial, and Liberty appealed to the Alabama Supreme Court.
Rule of Law
Holding and Reasoning (Shores, J.)
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