|Conversion of Property May Also Allow Breach of Contract Action|
|Description||Appeals court held that when a vehicle customization shop destroyed a vehicle, it was liable for breach of contract for failing to perform the work it was paid to perform and was liable for the tort of conversion for destroying the property.|
|Key Words||Conversion; Breach of Contract; Damages|
|C A S E S U M M A R Y|
|Facts||In December 1997, Mackendrick met with St. Amant, president of 4WD Parts Center, and requested customization of his 1972 Chevy four-wheel drive “collector” pickup. After discussions, Mackendrick paid $12,000 and was told the work would be finished in three or four months. After various disputes, Mackendrick sued in April 2000. A year later he was given his truck back; which was a total loss. St. Amant claimed that they agreed to $22,000 and that Mackendrick refused to pay the additional $10,000, so he had quit working on the truck. The trial court awarded Mackendrick $12,000 for breach of contract, $14,000 for the loss of the vehicle, and $6,000 in attorney fees. St. Amant appealed.|
Affirmed. The damages were proper. There was $12,000 for breach of contract for the work not performed and $14,000 for conversion of the vehicle. There was good evidence to support the value of the vehicle before it was left nearly worthless. A single action may be both a breach of contract and a tort. The award of attorney fees is appropriate because defendant acted in bad faith.
|Citation||4WD Parts Center, Inc. v. Mackendrick, 579 S.E.2d 772 (Ct. App., Ga., 2003)|
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