Sax Enterprises, Inc. v. David & Dash, Inc.

ROBERTS, Justice.

The plaintiff brought suit on the basis of quantum meruit for bedspreads sold to the defendant, and the defendant denied owing anything on the basis that the bedspreads ordered on specifications did not meet the specifications. The defendant, haying an urgent need for the items, used them on a temporary basis, but promptly notified the plaintiff they were substandard and not acceptable. There is abundant testimony in the record that the bedspreads were not up to specification. At the conclusion of the testimony the court made the following pronouncement: “I don’t think there…