Facts

Plaintiff Playhut Inc. is a maker of pop-up tents for various retail outlets. Plaintiff made numerous purchases from defendant United Development Enterprises, a Chinese manufacturer. The defendant shipped goods late, many of which were returned or rejected by retailers.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that defendant had not timely fulfilled numerous purchase orders. Plaintiff contested non-payment and defendant's incomplete accounting and reconciliation.

DEFENDANT'S CONTENTIONS:
The defendant contended that it shipped all of the accepted purchase orders leaving an alleged unpaid balance of $850,000, but never accepted additional orders.

The defendant cross-claimed against plaintiff for $850,000 contending plaintiff failed to pay for those orders.

Damages

Defendant asked for $850,000. Plaintiff asked for, inter alia, damages and lost profits from defendant's delayed deliveries.

Result

The court awarded the defendant $58,000 on its claim for unpaid goods that were shipped and received. Defendant moved for new trial following the bench trial.

Other Information

Defendant has appealed. Plaintiff has cross-appealed.