Nature of the Case
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Facts
Ps visited Harlan Trailer Sales, Inc., a D mobile home dealer. Ps gave Harlan certain specifications for a custom-built D double-wide mobile home, which was to have certain changes from a standard production model, including changing room sizes, adding a fireplace, changing the kitchen and bathroom arrangement, and adding a closet. Harlan assured Ps that he would handle all arrangements for their special order. A D salesman filled out an on-line production order. D knew the home was to be specially manufactured for Ps. Once the home was manufactured, it was delivered in two separate sections to the Harlan Trailer Sales lot, where Ps saw it for the first time. On July 25, 1987, Ps signed an agreement to purchase the mobile home. The contract specified that the purchase price was $25,982.50, and it incorporated a security agreement. Long-term financing was provided by Green Tree Acceptance, Inc., and the monthly payments were $319.82. Upon Harlan's recommendation, Ps contacted Bruce Carswell who hooked up the electrical system to the mobile home. Ps moved in on August 2, 1987. While moving in P received an electrical shock when he leaned against the metal frame of a living room window, located on the front of the mobile home. Marie Griggs, a friend of the Ps who helped them move, was also shocked when she leaned on the front door frame. Bruce Carswell went to the Ps' home to investigate the problem and was shocked when he touched the front door handle. A meter reading indicated that a 150-volt electric current was running through the frames. A 'jumper wire' was installed that was supposed to reroute the current away from the frames. The bill was sent to D. In September 1985, the GFI receptacle in the master bathroom broke. Harlan's workers replaced the receptacle. Ps noticed the dimming of the lights. The power supply to the vacuum cleaner, toaster, and television would also fluctuate. These problems was never remedied. The home started to buckle in the center where the two sections of the home where joined. Harlan re-leveled the home and was also called to repair a leak in the roof over the children's bedroom; however, the leak was never repaired to Ps' satisfaction. Eventually, Ps asked for a wiring diagram, Harlan told them he would no longer help and suggested that they call D. D denied that any wiring diagram existed and ever having this telephone conversation with Ps. Ps saw blue sparks shooting out from around the window. Ps turned the power supply off and knocked the plasterboard away. Behind the insulation, they found melted, smoldering wires, scorched insulation, and 2 by 4's. On and on the problems went. In October 1988, Ps' attorney wrote D, and D sent Mr. Tommy Law, a repairman, to investigate the situation. Law stated that their mobile home would have to be completely rewired and that they should find alternative housing while the repairs were being made. Ps rented and moved into a friend's single-wide mobile home. Ps incurred the cost of hooking up utilities to their rental home, storing extra furniture, and paying rent. The conditions were very cramped and there was a lack of privacy. Ps ceased making payments. Their double-wide home was repossessed, and the lender sued the Ps for the balance of their loan. Ps reached a settlement with the lender. Ps sued D for breach of contract, breach of express and implied warranties, and fraud. At the close of the evidence, Ps amended their complaint to allege implied fraud and to seek damages under the Magnuson-Moss Warranty Act. Ps got the verdict and D appealed.
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