Released for Publication July 22, 2015.
Appeal from Madison Circuit Court. (CV-11-901654). Ruth Ann Hall, Trial Judge.
REVERSED AND REMANDED.
For Appellant: Derek W. Simpson, Warren & Simpson, P.C., Huntsville.
For Appellee: Finis E. St. John IV, John J. St., St. John & St. John, LLC, Cullman.
THOMAS, Judge. Thompson, P.J., and Pittman, Moore, and Donaldson, JJ., concur.
Century Automotive Group (" Century" ), appeals from a judgment of the Madison Circuit Court (" the trial court" ) ordering specific performance of a contract instead of awarding money damages.
The relevant facts and procedural history are as follows. On June 16, 2009, Century, a corporation that owns a car dealership located in Huntsville, entered into a contract with Structure Designs, LLC (" SD" ), for SD to construct and deliver a display for the dealership's showroom. Pursuant to the contract, Century agreed to pay $24,900; the parties agree that SD was to deliver and install the display within six months of receiving payment in full.
It is undisputed that Century paid SD a $10,000 deposit on June 17, 2009, that Century paid the remaining balance of $14,900 on September 3, 2009, and that the display was not delivered. The record includes correspondence between the parties in which Century requested the delivery of the display and in which, subsequent to SD's failure to deliver, Century demanded a refund of the purchase price. On December 8, 2011, Century filed a complaint in the trial court alleging that SD had breached the contract and seeking damages in the amount of $24,900 plus interest and costs; on January 30, 2012, SD filed an answer denying it had breached the contract. Century filed a motion for a summary judgment on June 28, 2013, to which it attached the affidavit of Cindy Hopper, the controller for Century, and letters from Tracy Jones, the president of Century, and Perry Little, the chief executive officer of SD.
The trial court held a trial on July 22, 2013. The transcript reveals that, at the
beginning of the trial, the trial court stated that it had granted Century's motion for a summary judgment as to liability and that the trial would proceed on the issue of damages. On August 21, 2013, the trial court entered a judgment ordering SD to deliver the display within 60 days; all other claims for relief were denied. On September 20, 2013, Century filed a motion to alter, amend, or vacate the judgment or, alternatively, for a new trial. In its postjudgment motion, Century argued that it had not sought specific performance of the contract and that the trial court had erred by failing to award it the purchase price of the display. The record does not ...