Koviack Irrigation and Farm Services, Inc. v. Maple Row Farms, LLC

Facts

Plaintiff sold Defendant component parts for an irrigation system for Defendant’s farm, including a pump for distributing water from a retention pond. Plaintiff had helped design and install the system but was unwilling to assist in installing the pump because Defendant had not paid for it or its operating panel. Defendant contended it had refused to pay for the pump and panel until they were installed and Defendant could confirm they worked as intended with the rest of the irrigation system. Defendant hired another irrigation specialist to install the pump who confirmed that the pump would not work with Defendant’s retention pond. Defendant then purchased a different type of pump that it was assured would be compatible. Plaintiff sued Defendant for breach of contract as it had failed to pay for the pump and panel. The trial court found that Defendant had properly rejected the parts under the UCC and that Plaintiff was not entitled to the cost of the goods, but was entitled to having Defendant return the goods at its own expense.