Winterbotham v. Computer Corp.

Citation: Winterbotham v. Computer Corps., Inc., 490 So. 2d 1282 (Fla. 1986).

Factual Background
The Winterbothams, owners of a horse-breeding farm, contacted Computer Corps. with the purpose of purchasing a computer and software package that would aid in the company’s recordkeeping and billing process.

The Winterbothams bought hardware and software that Computer Corps represented would accomplish the bookkeeping required by the company. However, shortly after implementing the software with the rest of the system (computer, printer, etc.), the Winterbothams discovered that the system did not perform as represented.

As a result, the Winterbotham’s sought recession of the contract and the return of all monies paid.

Trial Court Proceedings
At trial, the court granted rescission in part and denied it in part. In arriving at this holding, the court found that the Alpha Micro computer purchased by the Winterbothams performed as expected, however, the software and Apple computer purchased as part of the system failed to function as designed. As a result, the court determined that [rescission was proper with respect to the Apple computer and software, but was not the proper remedy for the Alpha Micro computer.

The Winterbotham’s appealed the decision, claiming it was entitled to recission of the contract for the sale of the Alpha Micro computer as well. Computer Corps. filed a cross-appeal, claiming that the trial court erred in granting rescission altogether.

Appellate Court Proceedings
The appellate court reversed the trial court's denial of rescission with respect to the Alpha Micro computer. The court determined that the Alpha Micro system, although functional by itself, was useless without the software. Since the evidence clearly established that the Winterbothams purchased the system as a whole with the primary purpose to automate their records, inoperable software had the effect of substantially impairing the entire package. As a result, the judgment of the trial court was reversed and rescission of the Alpha Micro computer was granted.