Hot Tub Hounds, Inc. v. Hot Water, Inc.
Court of Common Pleas, Columbia County Pennsylvania
What the Case Involved: Our client sold commercial spa equipment inventory to a retail distributor without a written sales agreement. Our client invoiced the purchaser, which remitted partial payment. When the seller demanded further payment, the buyer claimed the invoiced inventory was not fully delivered. Marks & Sokolov instituted suit for the remaining balance due, plus interest. As this was a sale of goods between commercial parties, Pennsylvania’s U.C.C. applied.
Result: Through discovery, Marks & Sokolov established that the buyer’s defense of not receiving the invoiced inventory was precluded because under 13 Pa.C.S. §2201(b), the buyer had 10 days from the receipt of the invoice to challenge its contents and that the buyer’s accounting records indicated receipt and resale of the spa inventory. A substantial recovery was made in favor of our client. Tom Sullivan served as lead trial counsel.Hot Tub Hounds, Inc. v. Hot Water, Inc.
Court of Common Pleas, Columbia County Pennsylvania
What the Case Involved: Our client sold commercial spa equipment inventory to a retail distributor without a written sales agreement. Our client invoiced the purchaser, which remitted partial payment. When the seller demanded further payment, the buyer claimed the invoiced inventory was not fully delivered. Marks & Sokolov instituted suit for the remaining balance due, plus interest. As this was a sale of goods between commercial parties, Pennsylvania’s U.C.C. applied.
Result: Through discovery, Marks & Sokolov established that the buyer’s defense of not receiving the invoiced inventory was precluded because under 13 Pa.C.S. §2201(b), the buyer had 10 days from the receipt of the invoice to challenge its contents and that the buyer’s accounting records indicated receipt and resale of the spa inventory. A substantial recovery was made in favor of our client. Tom Sullivan served as lead trial counsel.
