Lively v. Ijam, Inc.

114 P.3d 487 (2005)

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

P an Oklahoma resident, filed a small claims affidavit alleging that he purchased a laptop on April 2, 1999, from D, a Georgia corporation. P claims that he contacted D in February 2000 after the computer began malfunctioning. After being informed that the computer was still under warranty, P returned the computer to D for repair. D sent the computer back to P in June 2000. P claims that the computer again stopped working about two weeks after he received it and he contacted D and was told to return the computer for repair. P claims that he returned the computer to D a second time, but since returning it, he has not heard from D and D has not returned the computer. P claims that Ds owe him $1,748.00, or in the alternative, they should return his computer and give him the reasonable costs and legal fees incurred in bringing the matter to small claims court. Ds filed a special appearance and motion to transfer the action from the small claims docket to the civil docket so that they could contest the court's in personam jurisdiction. D is a Georgia corporation with its offices located in Tucker, Georgia. D has no offices or employees in the state of Oklahoma. D has a website on the internet where it offers computers and related products for sale. D further claimed that the sales invoice sent to P contained a 'consent to jurisdiction' provision. The trial court entered judgment in favor of P in the amount of $ 2,000.00. D appealed.