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Koviack Irrigation and Farm Services, Inc. v. Maple Row Farms, LLC
Michigan Court of Appeals
2017 WL 4182409 (2017)
Koviack Irrigation and Farm Services, Inc. (Koviack) (plaintiff) sold irrigation equipment, including a pump, to the owner of Maple Row Farms, LLC (Maple Row) (defendant). Koviack designed the pumps it sold and traditionally helped with installation. The pump Koviack sold to Maple Row was delivered late in the harvest season, so the owner of the farm decided not to install the pump until the following season. The owner informed Koviack that he would not pay for the pump until after it was installed and proven to work with the farm’s pond and irrigation system. When the harvest season arrived, the owner of Maple Row reached out to Koviack for help installing the pump, but Koviack refused because it had not received payment. There was no further communication between the parties. Maple Row’s owner hired another irrigation firm to install the Koviack pump that informed the owner that the pump was unsuitable for the farm’s irrigation system. The farm’s owner then purchased another pump. Koviack sued Maple Row for breach of contract, account stated, and unjust enrichment. Following a bench trial, the trial judge entered judgment in favor of Maple Row after finding it had properly rejected the irrigation equipment and was not liable to pay for it. The court ordered Maple Row to return the equipment at its own expense. Koviack appealed.
Rule of Law
Holding and Reasoning (Per curiam)
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