Contracts Keyed to Dawson
Plateq Corp. of North Haven v. Machlett
The tanks were designed for the special purpose of testing x-ray tubes and were required to be radiation-proof within certain federal standards. The Plaintiff encountered difficulties performing to contract specifications and completing within the time required, but Defendant did no more than point out the deficiencies during various inspections. Plaintiff’s performance was belatedly but substantially complete on October 11, 1976, and Defendant’s engineer pointed out some final deficiencies so that the goods could be delivered the next day. The engineer even made arrangements for Defendant’s truck to pick up the goods the next day, but the truck never came. Instead, Defendant send a notice of cancellation on October 14, 1976, without providing any reason why. The trial court found that the Defendant wrongfully revoked acceptance and awarded the Plaintiff $14,837.92, equaling the contract price, minus salvage value, plus interest.
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