Cricket Alley Corp. v. Data Terminal Systems, Inc.

732 P.2d 719 (1987)

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Nature of the Case

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Facts

Crickett (P) operated a number of women’s clothing stores. P purchased a Wang computer, and the individual stores had NCR cash registers with no capacity to communicate directly with the Wang computer. All the accounting for each store had to be manually delivered and then keyed into the Wang computer. P sought computerized cash registers so that the process could be streamlined by direct interfacing. Eventually, P became aware of DTS (D). P attended a trade convention and D had a display at that convention. D showed a Wang and a DTS cash register working together. D represented when asked, that the Wang and DTS cash register could communicate with each other. P was not an expert in such matters and did not know what type of Wang computer D had. D assured P that it would work on all Wang computers. P hired a computer programmer and then conferred with Wang and a D dealer. P agreed to purchase 10 cash registers. Included in the system was an ANS-R-TRAN, which was firmware. This firmware plugged into each cash register and was necessary for the registers to communicate with the Wang computer. Everything was delivered, and lots of problems were encountered during the programming of the equipment. Even though the new system was not functioning, P placed the cash registers in the stores to perform basic cash register functions because the old NCR machines that P had were breaking down, and no spare parts were available. Eventually, it was discovered that the Wang and DTS equipment could not, in fact, communicate with each other. P sued Wang, D and the Kansas City Cash Register (D2), the rep of D. D2 settled with P, and only the claim against D went to trial. P got the verdict of $78,781.79. D appealed.