Millennium Sheet Metal Ltd. v. Monster Pizza Inc.

Millennium Sheet Metal Ltd. v. Monster Pizza Inc.

Adjudicator found the Claimant's evidence credible, rejected the assertion that $12,000 was accepted as full payment, found the Defendant provided no credible evidence supporting breach or set-off, and therefore awarded the invoiced amounts totaling $16,619.70 to the Claimant.

Source-derived case information.

Citation
2008 NSSM 55
Parties
Claimant: MILLENNIUM SHEET METAL LIMITED; Defendant: MONSTER PIZZA INCORPORATED
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 March 2008
Procedural Posture
Small Claims Court / Decision and Order
Outcome
Claimant's claim allowed; Defendant's counterclaim and set-off dismissed; judgment for Claimant in the amount of $16,619.70.
Legal Topics
Breach of Contract, Set Off, Delay Damages, Recovery of Contract Price
Source Language
english
Contract Law Debt Recovery Breach of Contract Set Off Delay Damages Recovery of Contract Price

Source-derived case record

Summary, issues, holding and outcome

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Parties

MILLENNIUM SHEET METAL LIMITED

Claimant

MONSTER PIZZA INCORPORATED

Defendant

Procedural Posture

Small Claims Court / Decision and Order

Legal Issues

  1. 1 Whether Defendant owes outstanding balance for the first vehicle conversion
  2. 2 Whether Defendant owes for the second vehicle conversion
  3. 3 Whether Defendant owes for the stainless steel shelf and frame

Ratio Decidendi

Adjudicator found the Claimant's evidence credible, rejected the assertion that $12,000 was accepted as full payment, found the Defendant provided no credible evidence supporting breach or set-off, and therefore awarded the invoiced amounts totaling $16,619.70 to the Claimant.

Court Disposition

Claimant's claim allowed; Defendant's counterclaim and set-off dismissed; judgment for Claimant in the amount of $16,619.70.

Orders

  • Defendant pay the Claimant $3,806.10 (balance for first conversion)
  • Defendant pay the Claimant $11,987.10 (second vehicle conversion)