Ashley Hartness, Appellant v. Rick Nuckles D/b/a Restoration Plus, Appellee

Summary

The court affirmed judgment against Hartness on his warranty, unjust-enrichment, and conversion claims. It held that, assuming warranties can arise in a services-only contract, the UCC's reasonable-notice requirement applies by analogy, and Hartness's first notice came too late. It also held that Hartness failed to prove the defendant's wrongful gain for unjust enrichment and failed to show that the circuit court's factual findings on conversion were clearly erroneous. Justice Baker concurred on the narrower ground that Hartness failed to prove damages, while Justice Hart dissented and would have remanded for valuation of the substandard work.