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COA affirms $55k judgment for couple who purchased wind turbine

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The Indiana Court of Appeals found that a St. Joseph Superior judge applied the correct legal standard in determining that a company breached a contract with a couple that purchased a wind turbine that failed to live up to the company’s claims.

Roger and Patricia Finney sued Wind Wire LLC in August 2010 alleging, among other things, breach of contract, breach of implied warranty of fitness for a particular purpose, and fraud. The Finneys received a brochure from Wind Wire in the mail that touted the benefits of installing a wind turbine. It claimed that a person can save $160 a month on electric bills and homeowners will receive substantial refund on taxes.

When a representative came to talk to the Finneys, he did not clarify the brochure and claimed that the company providing their electric service would buy the excess energy produced by the Finneys’ turbine. They purchased one, but found no energy savings. In fact, it cost them more money on electricity as the turbine used power even when not running.

Judge Jenny Pitts Manier found Wind Wire fraudulently induced the couple to enter into the contract by misrepresenting its experience and expertise. Manier awarded the Finneys a total judgment of $54,893, which included attorney fees and treble damages.

Wind Wire tried to rely on its integration clause in the contract, which disclaimed reliance on any prior representations. In Wind Wire, LLC v. Roger Finney and Patricia Finney, 71A03-1202-PL-78, the COA found Manier did not apply the wrong legal standard, citing Circle Ctr. Dev. Co. v. Y/G Ind., L.P., N.E.2d 176, 179 (Ind. Ct. App. 2002).  


 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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