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Contracts Keyed to Summers
DePrince v. Starboard Cruise Services
Citation:
163 So.3d 586Facts
During a cruise, Thomas DePrince (plaintiff) visited an onboard jewelry shop owned by Starboard Cruise Services, Inc. (“Starboard”) (defendant). DePrince expressed interest in a twenty-carat diamond with a purchase price of $235,000. DePrince spoke with two gemologists, who told him that the sale price was too good to be true and that the price for a diamond of that size should be at least $2 million. DePrince placed a mail purchase order for the diamond and paid the purchase price. A one-page sales agreement was prepared and signed by store’s sales manager. The parties agreed to have the diamond shipped to the Gemological Institute of America laboratory so that a gemologist could verify that the diamond shipped was the same as the one specified in the sales agreement. Following the sale, Starboard learned that the sales manager had quoted DePrince the wrong figure. The actual price for the diamond was $4,850,400. DePrince demanded that the sale still be completed according to the terms in the sales agreement. Starboard, however, repudiated the agreement. DePrince sued Starboard.
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