Alltank Systems v. Grant Systems Inc., 041211 OHMISC, 2010 CVI 25026

Docket Nº:2010 CVI 25026
Opinion Judge:Patton, Judge.
Attorney:J. Gary Seewald, for plaintiff. Andrew J. Natale, for defendant.
Case Date:April 12, 2011
Court:Municipal Court of Ohio





No. 2010 CVI 25026

Municipal Court of Ohio

April 12, 2011

J. Gary Seewald, for plaintiff.

Andrew J. Natale, for defendant.


Patton, Judge.

{¶1} This case was called for a Small Claims trial on March 1, 2011, before a Magistrate. Phil Havel, president and owner of Plaintiff, Alltank Systems, and Mark Drow, president and owner of defendant, Grant Systems, Inc., both appeared and were duly sworn in to testify.

{¶2} Plaintiff has failed to prove its case by a preponderance of the evidence. Judgment for defendant on the complaint at plaintiffs costs.

{¶3} The Magistrate's findings of fact and conclusions of law are hereby approved and adopted.

Findings of Fact

{¶4} The evidence at trial showed that Kirk Bros. Co., Inc., which is not a party to this case, was the prime contractor for a major building project at a water reclamation facility ("the plant") owned by the city of Marysville, Ohio. Kirk Bros. hired plaintiff as a subcontractor, and plaintiff in turn hired defendant as an additional subcontractor. Plaintiff expected that defendant would both deliver and install an above-ground outside diesel fuel tank and piping, known as a duplex pump set, which was to feed an emergency backup generator. The plant was due to open, with much public hoopla and in the presence of local political and community leaders, on April 21, 2009. Plaintiff submitted purchase orders to defendant on both March 6 and November 19, 2008, and paid defendant a total of $66, 231.37 for the equipment in February and March 2009.

{¶5} The duplex pump set was manufactured by Preferred Utilities of Danbury, Connecticut, of which defendant's owner and president, Mark Drow is midwestern representative. Despite some unavoidable delays due to plaintiffs changes in specifications, defendant delivered the equipment to the plant, but it then didn't work to plaintiffs satisfaction. Plaintiff hired Phoenix Environmental Inc. of Whitmore Lake, Michigan, for last-minute work to get the duplex pump set operating properly in time for the grand opening the next day. Plaintiff then billed defendant $1, 840 for Phoenix's work and another $585 for the on-site work of plaintiffs owner and president, Phil Havel. However, by marked and returned invoices dated July 6 and December 4, 2009, defendant declined to...

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