Facts

On April 7, 2004, plaintiff Robert Wise entered into a contract with defendant Aftershock Power Boats Inc. and Carrera Performance Craft, Inc. to purchase a custom-made power boat for $153,000. The defendant told plaintiff it had two boat hulls available for delivery by May 8, 2004. The plaintiff provided $134,136.50 in down payments. After extending the deadline first to July 1, 2004, then to January 2005, defendants did not deliver the boat. On April 11, 2005, the plaintiff notified the defendant that he had accepted plaintiff's offer. The defendant never returned his money.

The plaintiff sued the defendant for rescission and fraud.

The defendant cross-claimed for labor and costs. Defendant's officer, Jeff Thurber, brought an action against the plaintiff, alleging he breached an oral contract to invest in a hybrid boat project. The complaint was consolidated with the pending case. Thurber agreed to dismiss the case in connection with the ruling on directed verdict that plaintiff could not sustain an action against Thurber personally.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the defendant falsely represented it had two boats ready when it had nothing available for delivery by the specified date.

DEFENDANT'S CONTENTIONS:
The defendant contended it fully performed under the contract. It was plaintiff who refused to pay for additional labor and costs.

Damages

The plaintiff sought $134,136.50 plus costs and interest.

Result

After a bench trial, Judge Lillian Lim found for plaintiff, awarding him $134,136.50 plus costs and interest. She dismissed defendant's cross-complaint. Judge Lim granted a directed verdict against plaintiff finding the plaintiff could not sustain an action against Thurber personally. Thurber agreed to dismiss the consolidated complaint against Wise.

Length

two days