Styles v. Movie Star Musclecars, Inc.
Florida Circuit Court
2017 Fla. Cir. LEXIS 9983 (2017)
- Written by Tammy Boggs, JD
Facts
Brian Styles (plaintiff) contracted with foreign parties Movie Star Musclecars, Inc., Gary Pronman, and Dan Pronman (collectively, the sellers) (defendants) to buy a 1969 1/2 A12 Dodge Superbee (the vehicle) for $84,000. Per the sellers’ instructions, Styles wired the purchase amount of $84,000 to a Canadian bank account that was owned or controlled by the sellers. Immediately after, the parties disagreed on the location and delivery of the vehicle, and the vehicle remained in the sellers’ possession. In response to Styles’s questions about the vehicle’s location, the sellers would not provide an exact location but responded that the vehicle was “in Canada” and “20 minutes from Toronto.” Styles sued the sellers in Florida, alleging breach of contract and other claims. Styles filed a motion for partial summary judgment, seeking an order of specific performance to have the vehicle and appropriate paperwork delivered to Styles. The sellers opposed, briefs were submitted, and a hearing was held. For the purposes of the motion, the parties agreed that the applicable law was the Convention on Contracts for the International Sale of Goods (CISG).
Rule of Law
Issue
Holding and Reasoning (Tuter, J.)
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