Cravotta v. Deggingers’ Foundry, Inc.
Kansas Court of Appeals
215 P.3d 636 (2010)
Mark Cravotta (plaintiff) hired Deggingers’ Foundry, Inc. (Degginger) (defendant) to make lighting fixtures for his mansion in exchange for $106,000. The parties executed a two-page contract that outlined their agreement. When Degginger did not deliver the fixtures on time, Cravotta sued Degginger for breach of contract, seeking to recover the $79,500 that he had already paid. While the suit was pending, Degginger made a partial delivery of the fixtures. The parties then reached a settlement that Degginger would: (1) deliver the remaining fixtures by April 2006, and (2) pay Cravotta $6000 for legal fees. However, Degginger failed to deliver the outstanding fixtures on time. Degginger alleged that Cravotta had breached the settlement agreement by failing to provide Degginger with essential information about the mansion’s electrical system. Degginger submitted evidence of communications between the parties requesting electrical information from Cravotta. Cravotta argued Degginger was the one who breached the settlement agreement. The district found for Cravotta, holding that the parties’ written contract did not expressly require Cravotta to provide Degginger with electrical information. Degginger appealed, arguing that the many exchanges between the parties regarding design, materials, and specifications, constituted a course of performance or course of dealing that modified the original contract and required Cravotta to provide electrical information. Therefore, when Cravotta failed to provide this vital information, Cravotta breached an unwritten contractual term.
Rule of Law
Holding and Reasoning (Hill, J.)
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