Wiregrass Waterbeds v. Hartman

WRIGHT, Presiding Judge.

Defendant appeals from a judgment for fraudulent misrepresentation.

Defendant sold furniture to the public upon orders placed after selection from catalogs. Defendant kept no inventory. Plaintiff selected furniture as pictured in a catalog. Defendant’s employee calculated the total price of the selection. Based upon the price stated and the pictured selection, an order was authorized, and payment was made in full.

Several weeks later furniture was delivered to plaintiffs home. Upon unpacking, it was determined that much of it was not the furniture pictured and ordered.…