Conwell v. Gray Loon Outdoor Marketing Group, Inc

906 N.E.2d 805 (2009)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D sought to establish a website. They approached P. P quoted an estimated price of $8,080. P paid a 50% deposit, and design commenced. During the design process, D asked for a few minor changes, none of which requests were written down. P finished the site in December 2003 at a final cost of about $8,500. P paid in full during the first quarter of 2004. In April 2004, D requested that P make several changes, some of which required major programming work. D did not request a proposal or a quote, and P did not provide one. The transaction was done verbally. Once P completed the modifications, D said it no longer wanted the changes. P sent a bill for $5,224.50. D did not pay. Eventually, P sent a letter by certified mail on September 29, 2004, advising D that if payment was not made by October 6th, the website would 'be taken offline and other means of collection will be initiated.' P took the website offline on October 6, 2004. P filed suit for non-payment. D countersued for conversion, claiming P had taken the original website, for which it had paid. P got the judgment on its claim and against D on its counter-claim. The Court of Appeals affirmed. D appealed