Cravotta v. Deggingers’ Foundry, Inc.

Mark Cravotta (plaintiff) and Deggingers’ Foundry, Inc. (Deggingers) (defendant) entered into a contract providing that Deggingers would manufacture light fixtures for installation in a home. Subsequently, Cravotta brought suit against Deggingers, alleging that Deggingers had breached the contract by failing to make the requested fixtures. Deggingers then delivered some of the items, causing the parties to reach an agreement and settle the lawsuit. At a hearing to create a record of the settlement agreement, Cravotta and Deggingers agreed that all outstanding balances would be cleared if Deggingers finished and delivered the fixtures to Cravotta. After failing to do so, Deggingers filed motions against Cravotta, claiming that Deggingers did not make timely delivery because Cravotta failed to provide necessary electrical information to complete the wiring for the fixtures. At trial, the president of Deggingers testified that the fixtures were complete except for the wiring, and that the specific electrical information from Cravotta was essential because the home contained a unique and potentially dangerous electrical system. Deggingers introduced several emails demonstrating the parties’ ongoing communications about the project. The trial court found in Cravotta’s favor, holding that neither the original contract nor the settlement agreement explicitly obligated Cravotta to supply Deggingers with electrical information. The trial court reasoned that the statute-of-frauds provision within Kansas Statutes Annotated § 84-2-201 required that this duty be in writing and signed by Cravotta if it in fact existed. Deggingers appealed.