Plateq Corp. of North Haven v. Machlett Laboratories, Inc. case
brief summary
456 A.2d 786 (Conn. 1983)
CASE FACTS
Although the seller had difficulties in performing a contract, the buyer did no more than call attention to the deficiencies. When performance was belatedly but substantially completed, the buyer noted remaining deficiencies that the seller promised to remedy on delivery. The buyer gave no indication that there was an unsatisfactory arrangement. However, instead of sending a delivery truck, the buyer sent a notice of cancellation. The seller filed an action to recover the purchase price alleging that the buyer accepted the goods before it attempted to cancel the contract. The trial court rendered judgment in favor of the seller on the complaint and the buyer's counterclaim.
DISCUSSION
The court found no error in the decision of the trial court, which rendered judgment in favor of seller on the seller's complaint and the buyer's counterclaim in the seller's action to recover its purchase price against the buyer.
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456 A.2d 786 (Conn. 1983)
CASE SYNOPSIS
Defendant buyer sought review of a
decision of the Superior Court in the Judicial District of New Haven
(Connecticut), which rendered judgment in favor of plaintiff seller
on the seller's complaint and the buyer's counterclaim in the
seller's action to recover its purchase price.CASE FACTS
Although the seller had difficulties in performing a contract, the buyer did no more than call attention to the deficiencies. When performance was belatedly but substantially completed, the buyer noted remaining deficiencies that the seller promised to remedy on delivery. The buyer gave no indication that there was an unsatisfactory arrangement. However, instead of sending a delivery truck, the buyer sent a notice of cancellation. The seller filed an action to recover the purchase price alleging that the buyer accepted the goods before it attempted to cancel the contract. The trial court rendered judgment in favor of the seller on the complaint and the buyer's counterclaim.
DISCUSSION
- On appeal, the court found no error.
- The buyer could not sustain its burden of establishing that the trial court's findings of fact were clearly erroneous by mere recitation in its brief of conflicting testimony entirely unsupported by reference to pages of the transcript.
- In concluding that the buyer had signified to the seller the buyer's willingness to take the goods despite possible remaining minor defects, the trial court necessarily found that the buyer had a reasonable opportunity to inspect the goods.
The court found no error in the decision of the trial court, which rendered judgment in favor of seller on the seller's complaint and the buyer's counterclaim in the seller's action to recover its purchase price against the buyer.
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