Bachovchin v. Stingley

OPINION

LANSING, Judge.

In an appeal from the denial of posttrial motions for taxable costs, disbursements, attorney’s fees, and statutory penalties, we affirm the district court’s holding that actual damages are a necessary predicate to penalties and remedies provided in Minn. Stat. § 325E.16 (1992).

FACTS

This is a dispute over court costs and statutory penalties in litigation arising from Roger Stingley’s sale of a car to John Bachovchin of Pike Lake Motors. Ba-chovchin alleged that Stingley misrepresented the car’s mileage as 55,922 rather than disclosing the actual figure of 155,922 miles.…