Hooten Equipment Co. v. Trimat, Inc., Unpublished Decision (3-8-2004)

DECISION AND JUDGMENT ENTRY

{¶ 1} Trimat, Inc., appeals the Gallipolis Municipal Court's judgment awarding Hooten Equipment Co. monetary damages for breach of contract. The court concluded that Trimat failed to pay Hooten for goods that Trimat accepted. Trimat argues that it effectively rejected the goods thus, the court incorrectly found that it accepted them. However, the record contains competent and credible evidence that Trimat neglected to read the invoice upon delivery, which would have revealed that the goods were nonconforming. By installing the goods they accepted them, as R.C.…