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Contracts Keyed to Fuller
Madsen v. Murrey & Sons Co.
Citation:
743 P.2d 1212 (Utah 1987)Facts
In early 1978, Erik Madsen was developing a specialized pool table with electronic lighting and sound effects. Patrick Murrey, general manager for Murrey & Sons, traveled to Salt Lake City to discuss manufacturing these tables. The parties entered into a written agreement where Murrey would manufacture 100 pool tables at $550 each, with Madsen designing the customized rails and electronic components. Madsen paid $42,500 in advance payments. By fall 1978, Madsen encountered numerous problems with his designs and informed Murrey he couldn’t take delivery of the tables. After Madsen’s repudiation, Murrey dismantled the tables, using some parts for other tables and some as firewood, making no effort to sell the tables to mitigate damages. The trial court found that the tables could have been sold for at least $21,250 and that Murrey’s failure to attempt to sell them was not commercially reasonable.
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