National Trailer Sales Co. v. Pate

Prescott, J., delivered the opinion of the Court. The appellees, Emmett M. Pate and Evelyn Pauline Pate, his wife, purchased a new house trailer from the appellant, National Trailer Sales, on June 2, 1953, under a conditional sales contract. Mr. Pate testified that he and his family had lived in trailers for a little over four years, and that he had traded in an old trailer to buy the Landola. Although there appears to be some dispute as to the exact number and dates of various complaints, it seems fairly certain that appellees complained to appellant’s employees about a leak in the trailer roof within the first six months after they accepted delivery.

In response to these complaints the appellant’s employee went out and painted the trailer’s roof. When this failed to remedy the leak the appellant notified the trailer manufacturer, the Landola • Co. of Converse, Indiana, which in turn had a factory representative make two service calls. On the first of the two calls, the factory representative installed additional screws, and puttied, up the area of the leak in back of the trailer. The second call was apparently made at the factory’s request, and also failed to prevent further leaks.

Before the second visit from the factory representative appellant again painted the trailer roof and when the roof still leaked the Landola factory was again notified. On his second visit the Landola representative effected major repairs, replacing all of the inner paneling in the back of the trailer, and no fur ⁷¹ ther trouble was noticed by Mr. Pate until approximately October of 1954, at which time he negotiated with appellant to trade in his old trailer for a two-bedroom model. When these negotiations were unsuccessful Mr. Pate again reported the leaks and appellant’s manager again notified the factory. Without waiting for a reply from the factory, appellant arranged with one Walter C. Leuschner of Walters Trailer Repairs of Alexandria, Virginia, to put the trailer in first class condition.

A substitute trailer was furnished to the appellees in the meantime and the Walters Company made extensive repairs to the trailer in question, Mr. Pate actually being present while some of the work was in progress. When the work was complete, Mr. Pate called appellant’s secretary and indicated he wanted his old trailer returned. This return was accomplished by one of appellant’s employees and Mr. Pate himself helped block up and otherwise ready the old trailer for his own occupancy. All the expenses of the repairs, the cost of the substitute trailer which appellees occupied while their own was being repaired, and the expense of moving both trailers was borne by appellant.

Sometime later, Mr. Pate informed appellant’s manager that he “didn’t like the repair job”, and on April 12, 1956, appellees filed suit for damages in the sum of $5,740.00, the total cash price of the trailer. The case was tried before the trial judge without a jury