New York Carpet World v. Houston, 0929
| Decision Date | 06 April 1987 |
| Docket Number | No. 0929,0929 |
| Citation | 292 S.C. 101,354 S.E.2d 924 |
| Court | South Carolina Court of Appeals |
| Parties | NEW YORK CARPET WORLD, Appellant, v. Carol W. HOUSTON and William M. Houston, Jointly and Severally, Respondents. |
Wallace A. Mullinax, Jr., of Horton, Drawdy, Ward & Johnson, P.A., Greenville, for appellant.
Cecil M. Nelson, Jr., of Wilkins, Wilkins, Nelson & Kittredge, Greenville, for respondents.
Appellant, New York Carpet World, appeals from jury verdicts amounting to a net award of $5,771.00 in favor of respondents, Carol W. and William M. Houston. We affirm.
The Houstons purchased some carpet and vinyl flooring from New York Carpet World. They made a $1500.00 down payment, leaving a balance of $4,729.19. 1 The Houstons later refused to pay this balance claiming the carpet was defective and both the carpet and vinyl flooring were negligently installed by New York Carpet World.
New York Carpet World then brought this action for breach of contract. The Houstons answered and counterclaimed for, among other things, breach of contract, breach of warranty, and negligence. The trial court directed a verdict for the Houstons on their counterclaim for breach of warranty and sent this issue to the jury only for a determination of damages.
The jury returned a verdict for New York Carpet World on its claim for breach of contract for $4,729.00. The jury also awarded the Houstons $7,500.00 for breach of contract, $1,000.00 for breach of warranty, and $2,000.00 for negligence. This amounts to a net award for the Houstons of $5,771.00.
New York Carpet World first claims the trial court erred in denying its motion for a new trial nisi on the Houstons' counterclaims because the jury's verdicts are not supported by the evidence.
A motion for a new trial nisi is directed to the sound discretion of the trial judge and this court will not interfere with the judge's decision unless the verdict is wholly unsupported by the evidence. Jenkins v. Dixie Specialty Company, Inc., 284 S.C. 425, 326 S.E.2d 658 (1985). Furthermore, jury verdicts should be affirmed if, "it is possible to do so and carry into effect the jury's clear intention." Johnson v. Parker, 279 S.C. 132, 303 S.E.2d 95, 97 (1983).
The following evidence was presented at trial. The carpet delivered to the Houstons was of a poorer quality than the sample they relied on at the time of purchase. The carpet is defective and worthless to the Houstons. A seam in the vinyl flooring between rooms has come apart and needs to be repaired. Although New York Carpet World agreed to install the carpet and vinyl flooring by September 29, 1984, the installation was not completed until October 23, 1984. This delay caused the Houstons inconvenience and discomfort because they had to live in the house during this time with furniture piled in the rooms and particle board floors.
Mr. Houston testified he will now have to remove the carpet and replace it and pay an installation charge of $2,000.00. Mr. Houston, who has already lost approximately fifteen hours from work due to problems with the carpet, will lose more time due to the replacement of the carpet, thereby forfeiting the $20.00 per hour he earns as a...
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