B.P. Development and Management Corp. v. P. Lafer Enterprises

538 So. 2d 1379 (1989)

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B.P. Development and Management Corp. v. P. Lafer Enterprises

Florida District Court of Appeal

538 So. 2d 1379 (1989)

Facts

B.P. Development and Management Corporation (BP) (defendant) contracted to have P. Lafer Enterprises, Inc. (Lafer) (plaintiff) deliver holiday-themed hangings to decorate BP’s shopping mall. The hangings arrived just before the start of the holiday shopping season. BP was disappointed in the quality of the hangings but did not have time to find another supplier. BP went ahead and used the hangings, which decorated the mall throughout the holidays. However, BP asked Lafer to accept a reduction in the contractually set price for the hangings. Lafer refused BP’s request. Six months later, BP offered to rescind the contract, but Lafer refused this request as well. Lafer sued BP for breach of contract, quantum meruit, and civil theft. BP filed a counterclaim. The trial court granted summary judgment for Lafer and denied BP’s motion to amend its counterclaim to seek damages for nonconforming goods. BP appealed to the local Florida district appellate court.

Rule of Law

Issue

Holding and Reasoning (Daniel, J.)

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