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Jones v. The Baran Co. LLC d/b/a Mercedes-Benz of Buckhead

The plaintiff presented direct evidence of an oral agreement to sell him a hand-built race car at MSRP in exchange for a $50K deposit and his agreement to purchase the car upon delivery.

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Appellant Clifton S. Jones filed this breach of contract action under Georgia’s Uniform Commercial Code-Sales OCGA § 11-2-101 et seq. and sought compensatory damages and attorney fees against appellee, The Baran Company, LLC d/b/a Mercedes-Benz of Buckhead “the Dealer”. Jones alleged that the Dealer breached its agreement to sell a vehicle to him for the manufacturer’s suggested retail price. The Dealer and Jones filed cross motions for summary judgment. The trial court entered an order granting the Dealer’s motion and denying Jones’s motion. Jones now appeals from that order. For the reasons set forth below, we reverse. “On appeal from the grant of summary judgment, this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citation omitted. Henry v. Blankenship , 275 Ga. App. 658 621 SE2d 601 2005.

So viewed, the evidence shows that in June 2003, Jones sought to purchase a Mercedes-Benz McLaren SLR, an exotic race car that was hand built and manufactured in an extremely limited quantity the “Vehicle”. Jones planned to purchase the Vehicle and resell it for a profit. As such, Jones wanted to purchase the Vehicle at a price equal to the manufacturer’s suggested retail price “MSRP” rather than at fair market value as independently determined by a dealership.

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