DocketNumber: No. CV97-0260577S
Citation Numbers: 1998 Conn. Super. Ct. 6676
Judges: LEVINE, J.
Filed Date: 5/20/1998
Status: Non-Precedential
Modified Date: 7/5/2016
In the late spring or summer of 1997, the plaintiffs were shopping for kitchen and bathroom cabinets for a house they were building;
The defendant operated a store from which it contracted for the sale of kitchen and bathroom cabinets;
The plaintiffs went to the defendant's store and told the defendant's manager, Mr. Quinlan, that they had had trouble in the past with cabinets which had particle board weight bearing elements, and that they would only purchase cabinets whose weight bearing elements were made solely of wood;
After the plaintiffs stated that they would purchase only cabinets whose weight bearing elements were made solely of wood, Mr. Quinlan showed the plaintiffs samples of Cardell Elite cabinets;
Cardell Elite cabinets have hanging rails, which are the weight bearing elements of those cabinets, which are made of particle board;
Mr. Quinlan gave the plaintiffs the opportunity to examine the hanging rails of a Cardell Elite cabinet sample, but the plaintiffs did not do so;
Mr Quinlan did not state to the plaintiffs that Cardell Elite cabinets have particle board hanging rails;
The plaintiffs did not know that Cardell Elite cabinets have particle board hanging rails, but it was not established by a preponderance of the evidence that Mr. Quinlan was aware of the plaintiffs' ignorance of that fact;
The plaintiffs contracted to purchase from the defendant Cardell Elite cabinets for their kitchen at a cost of $11,000 and for one of their bathrooms at a cost of $2,000;
It was an implied term of the parties' contract that the subject cabinets would have weight bearing elements made solely of wood;
The plaintiffs paid to the defendant, at the time the contract was made, one-half the purchase price, that is, $6,500; CT Page 6678
Subsequently, Cardell Elite cabinets were delivered to the house the plaintiffs were constructing, and shortly thereafter the plaintiffs discovered that those cabinets had particle board hanging rails;
The plaintiffs notified the defendant, on the day after they discovered that the delivered cabinets had particle board hanging rails, that those cabinets did not comply with their contract and that they rejected all kitchen cabinets which had been delivered to them;
Because the cabinets delivered to the plaintiffs did not comply with the parties' contract, the plaintiffs were required to spend $427 on their house which they would not otherwise have been required to spend;
The plaintiff installed the Cardell Elite bathroom cabinets in the house they were building;
The Cardell Elite kitchen cabinets which were delivered by the defendant have not been installed by the plaintiffs and are now in the plaintiff's house, and the defendant has not returned to the plaintiffs any portion of the $6,500 which the plaintiffs paid to the defendant.
The plaintiffs have not established that the defendant's breach of their contract was intentional, and they have not established that that breach was an unfair or deceptive act under the Connecticut Unfair Trade Practices Act. CT Page 6679
The defendant has not established the elements of its counterclaim.
G. Levine, J.