Al Poller and Deb Poller
v.
Okoboji Classic Cars, LLC
Plaintiffs in action alleging breach of contract and consumer fraud in connection with restoration work performed on an antique automobile appealed from a judgment entered for defendant following a bench trial. Plaintiffs contended the district court erred by failing to find defendant committed a consumer fraud by violating several provisions of the Motor Vehicle Service Trade Practices Act, Iowa Code chapter 537B, and erred by finding plaintiffs breached the parties’ contract. The court of appeals affirmed the district court judgment. Plaintiffs seek further review.
Applicant
Al Poller and Deb Poller
Resister
Okoboji Classic Cars, LLC
Attorneys for the Applicant
Matthew G. Sease
Kylie E. Crawford
Attorney for the Resister
Jordan M. Talsma
Supreme Court
Oral Argument Schedule
15-15-5
Mar 23, 2021 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dickinson County, Don E. Courtney, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ. Per Curiam. Special concurrence by Vaitheswaran, P.J. (16 pages)
Al and Deb Poller appeal the decision of the district court, arguing that the district court erred in (1) refusing to find violations of Iowa Code chapter 537B (2016) and (2) concluding Okoboji Classic Cars, LLC (OCC) proved its breach-of-contract claim. OPINION HOLDS: Assuming without deciding that chapter 537B applies, we need not decide whether OCC violated the chapter because the Pollers did not establish that they sustained actual damages. Further, the Pollers remain liable on the breach-of-contract claim. SPECIAL CONCURRENCE ASSERTS: I would find chapter 537B applies to OCC and OCC violated the provision requiring OCC to provide an estimate upon request, but I agree the Pollers did not prove actual damages resulting from the violations, and I agree with the disposition of the breach-of-contract counterclaim.