Wednesday, December 25, 2013

Manouchehri v. Heim case brief

Manouchehri v. Heim case brief summary
941 P.2d 978 (1997)

Appellant seller challenged a judgment from the District court of Sierra County (New Mexico), which awarded appellee buyer damages in the buyer's action for breach of warranty arising from the sale of a used x-ray machine.

After the parties entered into a contract for the sale and purchase of a used x-ray machine, a dispute arose and the buyer brought an action against the seller for breach of warranty. The trial court found in favor of the buyer. The seller appealed, and the court affirmed.


  • The court rejected the seller's argument that his untimely venue motion was a motion for the transfer of venue under forum non conveniens because the state did not permit change of venue within the state on the ground of forum non conveniens. 
  • The court affirmed the award of direct damages because the record indicated that the trial court computed the direct damages on a proper ground even though the judgment did not state that ground. 
  • The court concluded that it was proper to calculate the direct damages as the difference between the value of the x-ray machine as warranted and the value of the machine actually delivered to the buyer. 
  • The court affirmed the award of consequential damages, concluding that it was rational for the trial court to find that by the time the buyer should have stopped relying on the seller's promises, the buyer had lost profits.

The court affirmed the award of damages to the buyer in his breach of warranty action against the seller regarding the sale of a used x-ray machine.

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