Toto We're Home, LLC v. Beaverhome.com, Inc.

754 N.Y.S.2d 334 (2003)

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Toto We’re Home, LLC v. Beaverhome.com, Inc.

New York Supreme Court, Appellate Division
754 N.Y.S.2d 334 (2003)

  • Written by Lauren Petersen, JD

Facts

Toto We’re Home, LLC (Toto) (plaintiff) ordered wood flooring from Beaverhome.com, Inc. (defendant) for $15,125. Toto paid the price in full. However, Beaverhome.com was unable to timely deliver the flooring because the flooring was out of stock. Toto canceled its order and immediately purchased similar flooring from another company for $19,166. Toto sued Beaverhome.com to recover its loss. The trial court found in favor of Toto, awarding Toto damages equal to the price Toto paid Beaverhome.com for the flooring, or $15,125. However, the trial court denied Toto cover damages for the additional $4,041 Toto paid to promptly buy replacement goods from a different supplier. Toto appealed, seeking cover damages.

Rule of Law

Issue

Holding and Reasoning (Florio, J.)

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