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Sales Keyed to Keating
Cravotta v. Deggingers’ Foundry, Inc.
Citation:
215 P.3d 636 (2010)Facts
Mark Cravotta engaged Deggingers’ Foundry in April 2003 to manufacture three nickel-bronze chandeliers, eight nickel-wall sconces, and sixteen silicone-bronze lanterns for $106,000 with a 90-day production timeline. The parties executed a two-page contract outlining a ten-step production process. After disputes arose, Cravotta sued for breach in June 2005, having paid $79,500. The parties settled in February 2006, agreeing Degginger would complete and deliver remaining items by April 15, 2006, in exchange for credit of $62,478.22 and payment of remaining balance, plus $6,000 in legal fees to Cravotta. Degginger failed to deliver by the deadline, claiming Cravotta never provided critical electrical specifications for the mansion’s unusual 480-volt, three-phase electrical system, which Degginger argued was necessary for safe wiring. The foundry presented evidence of ongoing communications requesting this information, including emails and letters. Degginger testified all metalwork was completed by mid-March 2006, but wiring could not be completed without electrical engineering specifications.
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