259 A.3d 493
Pa. Super. Ct.2021Background
- Booker applied for and used a Discover credit card beginning in 2003 and made payments through September 2017; she stopped paying from October 2017 through February 2018.
- Discover sent monthly statements to Booker and she did not dispute any statements she received.
- Discover produced Booker’s card application, selected monthly statements, some payment checks, and a 2010 updated card agreement (not the original agreement). Booker stipulated to authenticity of Discover’s documents and to long-term card use.
- Discover sued Booker (Dec. 2018) for breach of contract/unjust enrichment; arbitration awarded Discover $6,765.47; the trial court entered judgment for that amount plus interest and Booker appealed.
- Booker argued the trial court erred by accepting a subsequent/exemplar agreement instead of the original, that the judgment was against the weight of the evidence (damages calculation), and that her conduct did not amount to assent to account statements.
- The Superior Court affirmed: it found a contract based on the application, the updated agreement, and Booker’s conduct, and upheld the trial court’s damages estimate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of an express contract | Discover failed to produce the original cardmember agreement; submitted only a later (2010) exemplar agreement, so no written contract proved | Long-term use, card application, monthly statements, and Booker’s stipulations establish a contractual relationship and acceptance of terms | Court upheld contract finding: application + updated agreement + conduct suffice to prove contract |
| Sufficiency of exemplar/updated agreement under Rule 1019(i) | Atlantic Credit requires attachment of writings evidencing the contract; failure to attach original is fatal | Booker stipulated to documents; situation differs from Atlantic Credit where no writings were furnished | Court distinguished Atlantic Credit and found Rule 1019(i) satisfied by submitted documents and stipulations |
| Damages calculation | 2010 agreement lacks a precise formula; judgment amount unsupported | Monthly statements and documentary evidence permit a just and reasonable damages estimate | Court affirmed damages: factfinder may reasonably estimate damages from records; verdict supported by evidence |
| Account stated / assent to statements | Booker contends her conduct does not equal assent to accuracy of statements/account stated | Discover points to failure to dispute monthly statements over long period as assent; prior conduct evidences acquiescence | Court declined to decide account stated (would be advisory); but observed Booker’s conduct supported acquiescence to contract terms and did not overturn breach finding |
Key Cases Cited
- Kowalski v. TOA PA V, L.P., 206 A.3d 1148 (Pa. Super. 2019) (standard of review and weight of trial-court findings in bench trials)
- Williams v. Nationwide Mut. Ins. Co., 750 A.2d 881 (Pa. Super. 2000) (elements required to plead breach of contract)
- J.F. Walker Co., Inc. v. Excalibur Oil Grp., Inc., 792 A.2d 1269 (Pa. Super. 2002) (contracts may be proven by written or inferred from conduct)
- Atlantic Credit & Fin., Inc. v. Giuliana, 829 A.2d 340 (Pa. Super. 2003) (failure to attach writings evidencing contract can be fatal where no documentary proof provided)
- Judge Tech. Servs., Inc. v. Clancy, 813 A.2d 879 (Pa. Super. 2002) (factfinder may make a just and reasonable estimate of damages based on relevant data)
- Discover Bank v. Stucka, 33 A.3d 82 (Pa. Super. 2011) (recognition that updated cardmember agreements may be acceptable where original is unavailable and supporting allegations exist)
- Gabel v. Cambruzzi, 616 A.2d 1364 (Pa. 1992) (appellate courts should not issue advisory opinions)