Champion Windows of Chattanooga LLC v. Edwards

The trial court erred in finding that the defendant was entitled to rescind the parties' contract, as she failed to establish that the plaintiff made any deliberate and knowing misrepresentation to her, that she detrimentally relied on any such misrepresentation or that she was damaged by any such reliance.

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JoAnne Edwards contracted with Champion Windows of Chattanooga, LLC “Champion” or “Champion-Chattanooga”, for the construction of a deck and screened porch at her residence in Ringgold. After Champion had partially constructed the deck and the porch, Edwards refused to allow Champion to complete the project. Champion then filed the current breach of contract action against Edwards in Catoosa County Superior Court. Edwards filed an answer and counterclaims, in which she sought rescission of the contract and damages for negligent construction.1 Following a bench trial, the court entered judgment in favor of Edwards, finding that she was entitled to rescind the contract based on Champion’s fraud and that she was entitled to damages resulting from Champion’s defective workmanship on the portion of the project that it had constructed. Champion now appeals from that order, asserting that the trial court’s judgment is unsupported by the evidence. We agree. Accordingly, we reverse the order of the trial court and remand the case for entry of judgment in favor of Champion on its breach of contract claim and for a determination of damages.

On an appeal from an entry of judgment following a bench trial, we apply a de novo standard of review to any questions of law decided by the trial court, but will defer to any factual findings made by that court if there is any evidence to sustain them. Lifestyle Home Rentals v. Rahman, 290 Ga. App. 585 660 SE2d 409 2008. “However, if the trial court makes a finding of fact which is unsupported by the record, that finding cannot be upheld” and any judgment based upon such a finding must be reversed. Citation and punctuation omitted. Wilen v. Murray, 292 Ga. App. 30, 31 663 SE2d 403 2008.

Champion Windows of Chattanooga LLC v. Edwards

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