White v. Weinberg

The defendants' refusal to return a ring the plaintiff consigned to them for auction constituted the wrongful exercise of dominion over the ring in a manner inconsistent with their authority as agents under the parties' consignment agreement.

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Pursuant to a written consignment agreement, Robert Weinberg consigned jewelry a ring for auction by L. R. Barnes, LLC d/b/a Four Seasons Auction Gallery of Forsyth Barnes and its licensed auctioneer, Steve White.1 The ring was auctioned without reserve on February 5, 2011, and White accepted the bid made by the highest bidder in the amount of $2,300.00. The bidder failed to make payment and close the sale, and the ring remained in the possession of Barnes and White. Weinberg sued Barnes and White individually on various theories after they refused his demand that they return the unsold ring without payment of commission or other fees under the agreement. Asserting rights under the consignment agreement to a commission and other fees, both defendants answered and denied the allegations, and Barnes counterclaimed for breach of contract. White and Barnes appeal from the trial court’s orders partially granting Weinberg’s motion for summary judgment, and partially denying their motion for summary judgment. For the following reasons, we affirm.

In a seven count complaint, Weinberg sought to impose liability and collect damages as follows: “fraud” count 1; “negligent misrepresentation” count 2; “violation of OCGA § 10-1-393 b” count 3; “conversion” count 4; “piercing the corporate veil as to defendant White and alter ego” count 5; “unjust enrichment or in the alternative breach of contract” count 6, and “attorneys’ fees pursuant to OCGA § 13-6-11 and punitive damages” count 7. Weinberg moved for summary judgment on his fraud, negligent misrepresentation, and conversion claims. Barnes and White moved for summary judgment on all of Weinberg’s claims, and Barnes moved for summary judgment on its breach of contract counterclaim.

White v. Weinberg

The defendants' refusal to return a ring the plaintiff consigned to them for auction constituted the wrongful exercise of dominion over the ring in a manner inconsistent with their authority as agents under the parties' consignment agreement.

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