United Virginia Bank v. Dick Herriman Ford, Inc.

210 S.E.2d 158 (1974)

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Nature of the Case

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Facts

United (P) provided financing to Dick Herriman Ford (D) an auto dealership. D sold a car to Scott Burdette, and P provided a loan for a portion of the purchase price. D forgot to file a first lien on the car in the favor of P, and of course, Burdette defaulted on the loan. P sued D to recover the balance of what was owed under a breach of contract action. P put on its proof and D moved the court to strike the evidence because P did not make out its prima facie case. The trial court granted D’s motion but the final order found that there was a contract between the parties that D had breached that contract and that D was liable to P for damages. The court also found that P had failed to establish the value of the car at the time that its right to possession accrued and because of that the court could not assess the measure of damages. P appealed.