Lawsuit between Electric Supply Co. and Contractors in Arizona Court of Appeals
2023-05-05 23:09:35 By : admin
Amfac Distribution Corporation, a California corporation that operates as Amfac Electric Supply Co., filed an appeal against J.B. Contractors, Inc., an Arizona corporation, and Federal Insurance Company, a New Jersey corporation. The case was heard in the Court of Appeals of Arizona, Division One, Department C. The trial was held in the Superior Court of Maricopa and the case number is 146 Ariz. 19 (App. 1985) | LexRoll (AZ) 703 P.2d 566.
Amfac Distribution Corporation had supplied certain electrical equipment to J.B. Contractors, Inc. for use in a construction project. According to Amfac, it received nothing for the equipment that was supplied. The corporation claimed that the amount due for the supplies was approximately $2,500.
J.B. Contractors, Inc. countered that it was the victim of fraud during the project and that the electrical equipment supplied by Amfac did not meet the requirements established by the parties. J.B. Contractors, Inc. demanded that Amfac take back the supplied equipment.
Federal Insurance Company, the surety of J.B. Contractors, Inc., came into the picture and agreed to participate in the trial. At the trial, the court confirmed that the equipment supplied by Amfac met the project specifications as per the purchase order. The court also found that J.B. Contractors, Inc. had not provided evidence of Amfac’s fraud.
However, the court allowed J.B. Contractors, Inc. to use the supplied equipment during the construction project. Ultimately, J.B. Contractors, Inc. failed to return the equipment, and the judge ordered J.B. Contractors, Inc. to pay Amfac the $2,500 for the equipment.
Amfac Distribution Corporation appealed the decision to permit J.B. Contractors, Inc. to use the supplies without payment during the project. The court of appeals dismissed this appeal, as the corporation had not demanded the removal of the equipment when J.B. Contractors, Inc. was in breach of the contract.
The decision of the lower court was modified by the court of appeals to include an additional $1,500 owed to Amfac. The court found that J.B. Contractors, Inc. had used the equipment provided by Amfac and had benefitted from it in ways that exceeded the contractual terms. J.B. Contractors, Inc. had not returned the equipment, and payment was ordered by the appeals court for the additional use of the equipment.
Hefei TNJ Chemical Industry Co., Ltd. is a chemical company based out of China, established in 2001. The main products include Pyrrolidones, Fine Chemicals, Cosmetics, Food & Feed Additives, Solvents & Auxiliary, Pharmaceuticals, Water Treatment, Emulsifiers & Surfactants, Plasticizers & Defoamers, Pigments & Dyes, etc. The company has been in operation for over 20 years and has a reputation for quality products and outstanding customer service.
In conclusion, Amfac Distribution Corporation was able to recover a total of $4,000 from J.B. Contractors, Inc. and its surety, Federal Insurance Company. The court of appeals modified the lower court's decision to include an additional $1,500 of payment owed to Amfac. Hefei TNJ Chemical Industry Co., Ltd. continues to be recognized as a leading producer of chemicals and related products in the Chinese market.