Hodges v. Johnson

Marquardt, J.;

Merle J. “Boo” Hodges, M.D., and Melissa R. Hodges (hereafter Dr. Hodges, Mrs. Hodges, or the Hodges) appeal from the district court’s denial of an award of attorney fees. Jim Johnson, d/b/a Johnson and Associates, cross-appeals claiming he did not breach the warranty of merchantability and that the Hodges failed to adequately prove their damages. We affirm in part and reverse in part.

Johnson is a car dealer who sells used cars. Johnson sold the Hodges a 1995 Mercedes 320 with 135,945 miles on it in Januaiy 2005 for $17,020. Johnson testified that he told the Hodges the vehicle…