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Royco, Inc. v. Cottengim

427 So. 2d 759, 35 U.C.C. Rep. 465 (1983)

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Royco, Inc. v. Cottengim

Florida District Court of Appeal
427 So. 2d 759, 35 U.C.C. Rep. 465 (1983)

DH

Facts

The Cottengims (defendant) entered into a contract to purchase a mobile home from Royco, Inc., d/b/a Uncle Roy’s Mobile Homes Sales (Royco) (plaintiff). Royco showed the Cottengims a model mobile home, which depicted a beamed living-room ceiling and ceramic tile in the bathrooms. Moreover, Royco’s salesman knew that the mobile home needed a wide entry door to accommodate Mr. Cottengim’s wheelchair. Nevertheless, Royco delivered a mobile home to the Cottengims that did not have a beamed living room ceiling, ceramic tile in the bathrooms, nor a wide entry door. The Cottengims gave Royco an opportunity to fix the defects, and Royco refused to do so. The trial court ruled that the Cottengims did not accept the mobile home, that Royco materially breached the contract, and that the Cottengims could cancel the contract under Florida’s statute codifying Uniform Commercial Code (UCC) § 2-711 even though the Cottengims had an adequate remedy at law in the form of damages. Accordingly, the trial court allowed the Cottengims to rescind the contract and recover the money that they paid to Royco for the mobile home. Royco appealed.

Rule of Law

Issue

Holding and Reasoning (Sharp, J.)

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