Facts

Plaintiff Li Yuan Gift Enterprise Co. Ltd., a Taiwanese costume manufacturer, sued defendant Underwraps Costume Corp., a local designer and costume distributor, for breach of contract, common count for goods sold and delivered, quantum valebant, and unjust enrichment. The defendant cross-claimed against plaintiff for breach of contract and fraud.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant and its president, Payman Shaffa, failed to pay plaintiff for costumes it bought from plaintiff in 2005. Defendants admitted receiving every item for which they were invoiced. There was no dispute defendants only paid $34,000 of the $250,780. Defendants accepted the goods and failed to timely revoke acceptance as required under the UCC.

On the cross-complaint, plaintiff contended that it never agreed to supply over 10,000 items defendant allegedly ordered, nor did defendant pay for these additional items.

DEFENDANTS' CONTENTIONS:
The defendants denied they breached the contract and claimed plaintiff breached the contract by failing to deliver certain products, delivering products late, and in some instances, shipping non-conforming goods.

Damages

The plaintiff sought $216,780 plus interest.

Result

The jury awarded plaintiff $189,600 against defendant and awarded cross-complainant $174,510 against cross-defendant.

Other Information

FILING DATE: March 13, 2007.