Huff v. Bekins Moving & Storage Co.
Arizona Court of Appeals
702 P.2d 1341 (1985)
- Written by Rich Walter, JD
Facts
Mr. and Mrs. Huff (plaintiffs) contracted to have Bekins Moving & Storage Company (Bekins) (defendant) place their furniture in storage. Once the Huffs’ new house was completed, they contracted with Bekins to move the stored furniture to their new address. Both contracts used Bekins’s boilerplate form, which noted in fine print that a dissatisfied customer had to pay Bekins’s bill in full before filing any complaint, which the customer had to do within 90 days of the move. After Bekins delivered the furniture to the Huffs’ new house, the Huffs discovered that the furniture was damaged. The Huffs stopped payment on the check they wrote to pay Bekins and called Bekins’s manager to complain. Three times over the next two weeks, the manager sent the Huffs a complaint form and pamphlet on how to file a complaint, but the couple never filled out or filed a complaint form. Shortly after the 90-day complaint period expired, the Huffs sued Bekins for breach of contract. Because the Huffs never paid Bekins what they owed and never filed a timely complaint form, the trial court granted summary judgment for Bekins. The Huffs appealed to the Arizona Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Hathaway, J.)
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