Case 23-2
Facts:
In August 1999, S. Malul contacted Capital Cabinets, Inc. for new kitchen cabinets $10,900
made by Holiday Kitchens. Malul hired B. Burger (by Capital’s recommendation) to install for
$1,600. Burger finished the job in March 2000. Malul then contacted for more cabinets at a price
of $2,300 which were installed by Burger in April. Within a couple weeks, there were problems
with doors of the cabinets. Later on, Capital replaced several of the doors but still have
problems (6/30 doors). Reasons were found later because the doors were too close to the stove
(melting problems). Malul then filed a lawsuit against Capital alleging a breach of the implied
warranty of merchantability.
For this case, if there is anything that would change the court decision, perhaps if Capital can
shows evidence of their communication process with Burger. Or, because the one who installed
the kitchen cabinets were not Capital, they can show evidence to prove that Burger is the one
who take responsibility for the deficit, not them. Court run for the plaintiff indeed was fair.
Chamber’s Case
Facts: H. Grane hired Butkovich & Sons Inc. with $19,290 to enlarge his basement and build a
new room over the remodeled basement area. Butkovich also lay a new floor and constructed a
patio. The payments were made in 2 periods by then Grane only paid Butkovich the first half
($10,000) and refused to pay the rest because he claimed that Butkovich had failed to install
water stops, reinforcing wire in one concrete floor and the main floor of the addition was 8 7/8th
in lower than the plans had called for. Butkovich sued Grane by substantial performance. Also
