Burke v. Harman

574 N.W.2d 156 (1998)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Harman (D) holds a bachelor of arts degree in education and collects Indian blankets as one of his many collectible hobbies. D had sent blankets to Sara Alexanian of Albuquerque, New Mexico, who works with her husband in the cleaning, buying, and selling of rugs and blankets, including Navajo textiles. On July 1, 1993, P attended the opening of St. George's Antique Mall in Lincoln, and he purchased the blanket for $115. It was described as a '1930's Southwest wool handwoven throw.' The blanket was placed on the floor in front of the fireplace at his home. A houseguest, William Hackett, inspired P to investigate the origin of the blanket. P contacted D, and an appointment was set. There is a sharp conflict about the time of day on August 1 when the meeting took place. P says his timeframe shows that D did not have to research anything about the weaving because D knew from the outset that the weaving was an extremely valuable Native American blanket. On the other hand, D says his timeframe and what he did shows that he did not know what the weaving was and that he undertook a number of steps to find out. P alleges that D told P that it was Mexican and that in Sante Fe it was worth $ 1,500 to $ 2,000. D offered $500 plus two Indian Skookum dolls for the weaving. P refused that offer, and D offered $1,000 cash, which P accepted. D admits in his testimony that he was asked by P, 'What do you think it is?' But he relates that he told P that it could be Mexican or Indian and that he gave no opinion as to its value except in reference to its condition saying that the weaving was in poor condition. D alleges that P's response when the $1000 offer was made was: ''Hell, yes. I'll sell it for $ 1,000.'' The blanket was identified as a Navajo chief's blanket, first phase, Ute style. D sold the blanket a year after he got it for $290,000. The parties stipulated that on August 1, 1993, the blanket had a 'fair market value of $ 290,000.' The testimony of Silverheels’ deposition was not admitted. Silverheels testified that he first heard about D's acquisition of the first phase weaving when an acquaintance told him that D had obtained a 'very, very nice Navajo weaving' and was looking to sell it for $350,000 to $450,000. Silverheels testified that D had told him that he had bought a first phase chief's blanket and that he had come onto it with great luck, that -- excuse my language, a dumb fat fucker that had bought it at an antique -- like a flea market or an antique store, that he told him it was Mexican, and that he gave him a thousand bucks for it, told him it was worth two thousand. Under cross-examination at his deposition, Silverheels refused to answer approximately 20 questions posed by D's counsel. Silverheels offered to explain to a judge why he would not answer, adamantly insisting that the judge would rule in his favor, and asserted, 'The United States government . . . allowed [him] the privilege [not to answer] by Congress.' He also stated that he would be more than willing to come to Lincoln to testify. The deposition was not admitted. D got the verdict on the claim of fraudulent misrepresentation. P appealed.