Masterpiece Accessories v. Sahab
A money judgment was entered in the trial court following a bench trial. The judgment arose out of an auction at which defendant R. L. Spear Company, Inc. (Spear) was the auctioneer. Respondent, Masterpiece Accessories, Inc. (MAI) was the seller. Appellants, Sam Sahab and Prestige Parking, Inc., were the successful bidders. The successful bidders will be referred to collectively in this opinion as Sahab unless context requires otherwise. Appellants Sahab appeal the judgment against them maintaining reversible errors were committed in three respects as follows: 1. MAI prevented or hindered Sahabs performance of the contract by locking its premises and refusing to allow Sahab to take delivery of its goods; 2. MAI failed to mitigate its damages by failing to make any effort to re-sell the auctioned goods and then destroying them; and 3. The trial court awarded consequential damages not recoverable in a contractual claim. For the reasons hereafter stated, Court affirm.
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