KINGSTON PIPE INDUSTRIES, INC. v. Champlain Sprinkler, Inc.

¶ 1. Champlain Sprinkler, Inc., and company president Bruce Pelkey (together Champlain) appeal a summary judgment decision of the Franklin Superior Court granting Kingston Pipe Industries, Inc. (Kingston) damages in the amount of $14,093.28, attorney’s fees, and court costs. Champlain contends that summary judgment was improper because there is a genuine issue of material fact about whether Kingston was in breach of warranty for defects in its pipe and, if so, whether Champlain’s costs to cure the defects should offset the damages. We reverse.

¶ 2. In reviewing a summary judgment decision, we…