Don Couch dba Couch’s Home Appliance v. Bill Brouittet
Published: Dec. 16, 2000 | Result Date: Jul. 21, 2000 | Filing Date: Jan. 1, 1900 |Case number: 992102746KNT Arbitration – $0
Facts
The claimant contended that the respondent purchased a full line of high-end kitchen appliances from the
claimant to be installed in the respondentÆs home under construction. The appliances were "built ins" and
required cabinets. The claimant was asked to send spec sheets to the respondentÆs carpenter for all appliances.
The claimant mistakenly sent a spec sheet for a 27 inch oven when in fact the respondent had ordered a 30 inch
oven. The cabinets were built accordingly and the oven did not fit.
The respondent paid for all the appliances other than the oven, based upon the claimantÆs refusal to
acknowledge it made a mistake and pay for the cost to replace the cabinet.
Settlement Discussions
The plaintiff demanded $4,200. The defendant offered $1,000.
Other Information
The arbitrator concluded that the claimant, a merchant, breached its duty to the respondent to provide accurate product information. The claimant filed a lien and a lawsuit. The court found the lien was wrongful since it did not constitute a fixture to the property and awarded the respondent $1,500 in attorney fees. The claimant requested a trial de novo.
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