Nature of the Case
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Facts
Slavik (D) advertised an Auguste Sebastien Philippe Bernardel violin made in 1835 with an appraised value ranging from $15,000 to $20,000 for sale. Bentley (P) contacted D by telephone, and during the telephone conversation, D again represented that he had an authentic 1835 Bernardel violin with an appraised value ranging from $15,000 to $20,000. P traveled to D's' home, saw the violin, played and inspected it for at least two hours. D again represented that the violin was an authentic 1835 Auguste Sebastien Philippe Bernardel violin, and further showed her Certificate No. 5500 from one Robert Bernard Tipple dated September 21, 1980, which certificate estimated that the violin was an authentic Auguste Sebastien Philippe Bernardel violin, which had a value of $15,000 to $20,000. In reliance upon these representations and the certificate presented by him, P purchased the violin from D, Charles for $17,500 in February 1984. From the date of purchase until the end of 1985, the plaintiff played the violin for an average of eight hours a day. In April of 1985, P became aware that the violin might not be a genuine work. P then made a demand upon D to return the purchase price and offered to return the violin. D refused, and P continued to play the violin until December of 1985. During P's use of the violin, it required serious repair. The violin has a 'buzz' due to either the poor repair or the poor condition of the instrument. The Court finds that the violin is in poorer condition now than it was when purchased by P. No evidence was introduced to establish the extent to which the damage and repairs decreased the value of the violin. P presented the testimony of Bearden and Passa, both experts in the authentication and appraisal of violins. Both asserted unequivocally that the instrument is not a Bernardel. They placed its value at between $750 and $2,000.
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