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Salamone v. Douglas Marine Corp.

Summary Judgment Denied on Conversion, Breach Claims Over Racing Boat, Engines

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs, Kenneth E. Salamone and RUFSTR Racing, LLC, (“RUFSTR”) commenced this action on September 30, 2019, alleging causes of action including deceptive business practices, breach of contract, unjust enrichment, fraud, conversion, promissory estoppel, and breach of the implied covenant of good faith and fair dealing. See Dkt. No. 1 at

64-128. On October 1, 2020, Plaintiffs filed a motion for partial summary judgement on Plaintiffs’ second, fifth, and seventh causes of action. Dkt. No. 31. Defendant Douglas Marine Corporation (“Defendant”) filed an opposition to Plaintiffs’ motion on October 16, 2020. Dkt. No. 33. Currently before the Court is the Plaintiffs’ motion for partial summary judgment. For the following reasons, Plaintiffs’ motion is denied. II. BACKGROUND Plaintiffs allege that a Contract of Sale was entered into with Defendant on or about December 31, 2015 (“the Contract”) for a new Skater 388 Race Boat (“the Skater”) and trailer. Dkt. No. 31-11 at 9. Plaintiffs assert that all parties were aware that the boat was to be delivered by August 2016 so that Plaintiffs could race it during the 2016 season. Id. at

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