Koviack Irrigation And Farm Services, Inc. v. Maple Row Farms, Llc.

2017 WL 4182409 (2017)

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Nature of the Case

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Facts

P sold D parts for an irrigation system for D's farm, which included a pump for distributing water from a retention pond. P helped design and install the system. The pump was delivered late in the harvest season. D waited until the following spring to install it. P was unwilling to assist in installing the pump because D had not paid for it or its operating panel. D was unwilling to pay for the pump and panel until they were installed. D hired another irrigation specialist to install the pump. D was then advised that the pump would not work with Ds retention pond. D purchased another type of pump that was compatible with its retention pond and irrigation system. P sued D for breach of contract, account stated, and unjust enrichment. D filed a counterclaim, alleging that P had not provided a proper pump for the irrigation system and that P refused to correct the problem. The trial court found that D properly rejected the pump and its panel. The court ordered D to return the goods at its own expense. P appealed.