B.P. Development And Management Corporation v. P. Lafer Enterprises, Inc.

538 So.2d 1379 (1989)

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Nature of the Case

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Facts

P supplied a Christmas decorations package to D for use at the Osceola Square Mall. The decorations were delivered prior to Thanksgiving in 1986 and were used throughout the Christmas season. The package cost $48,775, payable in three installments. D and the merchants in the mall were dissatisfied with the quality of the decorations. The decorations looked as though they had come from discount stores and were not worth the amount paid for them. The decorations were not of the quality warranted by the cost. The decorations were provided at a time when it was virtually impossible to substitute another decorative package for the Christmas season. P refused to adjust the price. D made the first payment on delivery and stopped payment on the remaining two checks. P filed suit for breach of contract, quantum meruit, and civil theft. D filed an answer denying the relevant allegations and alleged breach of contract, failure of consideration, fraud, setoff, and payment as affirmative defenses. D later counterclaimed seeking rescission of the contract. The court granted P's motion on the basis that nothing in the record showed that D had ever rejected the goods. D then filed a motion to amend its counterclaim to include a claim for damages for nonconforming goods. The trial court considered the motion to be untimely and it was denied. D appealed.