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EDWARD A. PERLOW AND ELLEN PERLOW v. AAACON AUTO TRANSPORT (07/25/80)

filed: July 25, 1980.

EDWARD A. PERLOW AND ELLEN PERLOW
v.
AAACON AUTO TRANSPORT, INC., APPELLANT



No. 1641 April Term, 1978, Appeal from the Order of the Court of Common Pleas of Allegheny County, Civil, at No. 9290 of 1976.

COUNSEL

Alan H. Perer, Pittsburgh, for appellant.

Rodney W. Fink, Pittsburgh, for appellees.

Spaeth, Hoffman and Van der Voort, JJ. Hoffman, J., concurs in the result.

Author: Spaeth

[ 280 Pa. Super. Page 55]

This is an appeal from an order dismissing appellant AAAcon's exceptions to the decision in a non-jury trial and entering judgment in favor of appellees, the Perlows, in the amount of $2,120.39 with interest of $349.86. On this appeal AAAcon argues that the lower court erred both in finding it liable and in computing the amount of the damages.

In August 1975 the Perlows contracted with AAAcon to have their 1970 Dodge Dart automobile delivered to Albuquerque, New Mexico. AAAcon's driver took possession of the automobile on August 18, 1975; delivery in Albuquerque was scheduled for August 23. The Perlows paid AAAcon $190 to make the delivery.

When the automobile did not arrive in Albuquerque as scheduled, Mr. Perlow made several telephone calls to AAAcon concerning its whereabouts. He also sent a letter to AAAcon on September 5, 1975, demanding that AAAcon find the automobile and reimburse him for any damages and expenses. On September 6, the Perlows received a telephone call from the state police in Colorado informing them that their automobile had been found damaged and abandoned near the Grand Canyon; the driver had disappeared. On September 8, Mr. Perlow notified AAAcon's local office, and when AAAcon still failed to deliver the automobile, he sent another letter of complaint on September 22. Finally, on September 29, AAAcon delivered the automobile to the Perlows in Albuquerque. It was extensively damaged, and the Perlows traded it in as part of the purchase price of a new automobile. They brought the present action against AAAcon on November 17, 1976.

At trial Mr. Perlow testified that the value of the automobile before AAAcon's driver took possession of it was $2,200, but that after it was damaged, he had to trade it in for $792.77. He also testified that he had rented a substitute automobile from August 23 to September 29 at a total cost of $523.16. In addition to these damages, the Perlows

[ 280 Pa. Super. Page 56]

    claimed reimbursement of the $190 delivery fee paid AAAcon. The damages awarded by the lower court included all three of these items.*fn1

1

AAAcon argues that it should not be held liable because the evidence was insufficient to prove that it was responsible for the damages to the automobile, and because the Perlows ...


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