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HomeMy WebLinkAbout97-02284 . ~ ~ ~ ~ \l \l ~ cj 'lo. ~ q: i ~I I I I ~ ~ . (II o C! <r? +.. Q.. ~ " ~ . - :;) . o < \ / / /.T ! i I , I , i , 1 i I I I 4. Beginning in September of 1995 and proceeding through October of 1996, Plaintiff provided Defendant Baker with certain concrete material in the quantities, at the times, and for the prices set forth in the invoices which Plaintiff provided to Defendant Baker on a monthly basis which is categorized and summarized on Plaintiff's Summary Account Sheet, a true and correct copy of which is attached hereto as Exhibit A. 5. The terms of the invoices provide for payment in full within thirty (30) days with an allowable discount of $1 .00 per cubic yard if said invoices are paid within ten (10) days from the invoice date. Attached hereto and marked as Exhibit B is a representative invoice provided to Defendant Baker for the Project. 6. Defendant Baker received all of the concrete and other material, if any, at the times and in the amounts indicated on said invoices. COUNT I - BREACH OF CONTRACT 7. The averments of Paragraphs 1 through 6 are incorporated herein by reference as though more fully set forth herein. 8. Plaintiff, at the insistence and request of the agents, servants, or employees of Defendant Baker, acting within the scope of their employment, sold and delivered to Defendant Baker concrete at the times, in the amounts and for the prices set forth in the invoices provided by Plaintiff to Defendant Baker. 2 9. Defendant Baker received all of the material referenced on said invoices. 10. By accepting the material ordered from Plaintiff, Defendant Baker agreed to the terms and provisions of the invoices, specifically the requirement that all invoices be paid within thirty (30) days with the only allowable discount to occur for invoices that were paid within ten (10) days of the invoice date. 11. Defendant Baker has failed or refused to pay Plaintiff in accordance with the terms of the invoices and instead has taken improper discounts and/or has failed to pay for said invoices. 12. Defendant Baker has breached the agreement with Plaintiff by its failure or refusal to pay Plaintiff in accordance with Plaintiff's invoicing statements. 13. Plaintiff has been damaged in the amount of $41,540.39 as a result of Defendant Baker's failure to pay all outstanding invoices in accordance with their terms as contained thereon. 14. Plaintiff is also entitled to receive interest at the rate of one and one- quarter (1 1/4%) percent per month for all invoices due over thirty (30) days as a result of Defendant Baker's failure to pay for the materials received and accepted by Defendant Baker. WHEREFORE, Plaintiff demands judgment against Defendant Baker in the amount of $41,540.39, plus interest at the rate of one and one-quarter percent per 3 month for all outstanding invoices due over thirty days, until the time of judgment in this case, plus costs of suit. COUNT II - UNJUST ENRICHMENT 15. The averments of Paragraphs 1 through 14 are incorporated herein by reference as if more fully set forth herein. 16. The prices charged for the concrete are just and reasonable and are the prices which the agents, servants, and employees of Defendant Baker, acting within the scope of their employment, agreed to pay for the concrete. 17. Defendant Baker received all of the concrete identified in the various tickets which make up the invoices supplied to Defendant Baker by Plaintiff. 18. Defendant Baker has failed or refused to pay for the concrete received by it in accordance with the terms of the invoices despite repeated demands by Plaintiff. 19. Defendant Baker has been unjustly enriched at Plaintiff's expense by its failure to pay for the concrete received and accepted by Defendant Baker in the amount of $41,540.39, plus interest at the rate of one and one-quarter (1 1/4%) percent per month for all invoices due over thirty (30) days. WHEREFORE, Plaintiff demands judgment against Defendant Baker in the amount of $41,540.39, plus interest at the rate of one and one-quarter (1 1/4%) 4 P" IlBllAASllO US" QJSIOOR NAIl! 1m BAXER CONe COOSI ACCOJllS R~~~~J~hEI~l lISllNG ~m 04/1"17 PIRIIlO II<OING 4/1\187 . LASI CASH RECIIPII 4/1\101. LASI INVOICII 4/21101 INVOICE INVOICE INVOICE SoIlES DISC. PAVIIENr AlII. PAID DISCOJlT AlOIlr OILING. fUI DAlE AlOIlI IAll 10 DAlE DR CREDIIED TAllEN WI QLW;I 000500 0/30/05 153.13 153,13 000510 10/20/15 1243.21 1243.21 000 511 11130/05 20,58 28.58 000512 12/20/05 111.00 111.01 000601 1I25IDS 43.00 43.08 0D1I602 2I20IDS 43.01 43.00 009603 3/20/01 43.01 43.08 000104 4/25/08 43.01 43.00 009605 5/30/08 43.00 43.01 0D1I601 1/21/01 121.11 120,11 000107 712 5 IDS 70.55 70.55 001I101 OIlOIDS 7U2 7U2 - Accounl No. 0.11 ot InvOICa . CAUI"lD STOHl . . IAHD . ILAQ . Tl'''H'''UIUD COHe""! '~I'.PlQ ..,...... .~I...\IIJOIQ 'lac..VlflOlll 'l"U,IT~DI'WfViIlY CXlt41N..C"101 ,J' " 13.:19 TERMS: ;;o2~;!962 JU~31~':J "'., aoo... , ....".... "0"'" L C.L1..Q\llliolC., D c"".or.n,. :lIOQ4". o o :lAKE ~ ONC CJIIST ~oa N ~A~V~R HJA~ '1J'lR8E Or! 4505 -DOJJ Slone tAwNI: 205 e'Nk Rd. SouthFfonlSl 55 Loculi Point R,D. Sond Plant "" , Oobvofod To: Camp H., P. .. " 737-3411 51"non. Pa , 838.8588 ~'g. Pa ... .711So8000 Toland, Po " ....,_5111 T o SR0015 A141 Job Numbat; DATE TICICET PROD UNIT,', : TOTAL i10/DAIYR NUM3ER CODe QUANTITY PRICE', AMOUNT 022 CL AA fA PAIIE-2 ',' 8"f/96 X9H'8P 822 9.008 e/Y ~" 53~25' 479.25 91 196 )(9 :.4 22 9.00 C/Y " 53.25 479.25 091 t/96 ,1(91t15 022 9.000 C/Y 53.25 479.25 ! g91 f.'96 ~~l8H " 022 9.000 C/Y , ,'53.~5 479.25 91 ' '/96 022 9.000 C/Y '53. 5 ' 479.2 5 .... ..," D9/1.1'/,96 ' ,1(9 1018 a22 9.000 C/Y ,'.:.53.25 ' 479.25 ' . .;, , 6% STATE SALES TAX '. .'~~.. 172.53 ' ' , , ..: :.:::. PAY THIS AI10UNT ., , 3048.03 '-.: .: ...... ~.;~;:'.! ~~~ ;;~:}:.r./ "){~::~~1?~~~~ ~ ....--.. 4.00.If PAIO",8EfORE. 0/D3/90 . ,.~ .. , .',; .:~1,:,.';! .. ':':-~"'.::-":~ . '.\ ~'~:~I'~:):~~~~ .': . ". .::~:~j~;~~{;~~ .. ' .,~.,,: ,t' -":.-,#Lj ': ::}::::~:!~:~~ o', ~ '. .....~... Of .-:.. ,:..j-, " ..,....'..,."'~,,:...--z (~ ,...~~.t~:;...;~~~ .' ,.~~.'.':~'..:r.;'.~". ,~, ...f.. ~...\. " ''''.- ~. .. . ' . .' ..; . I.." .",1. '--"'-'--.1'" . .'-'.. .... ... ". :...... .. ;':>l'~,:~';"'" . 'i.>:'~~;; " ..;. . " '.' " .... . ~. .' .-:. :', .:.' ~""'..:::.:. ,'\" '.:" ':'~..J:;:.~~"~~/,\:~"~.~ .';::.:~' .i' ~~D)_~~OUHr f . " .' '. . PLEASE PAY FROM THIS INVOICE TO ASSURE PROPER CREDITING OF YOUR ACCOUNT, PLEASE DETACH AND 1 ~39 RETURN THIS PORTION WITH YOUR PAYMENT CUSTD~I[" ND.IINVDICC NO. I DATI: A",'OUNT , , , , , , 2429~2 92396 , . , , , 3;)4B.03 >- 1"', .~ t':; ..:: (.~ i:,= ~i ...,. U.l~! t" ',,-:'';--) U'. ,...., f.1";5, . f~... ':~3 ltor ~~. . '.. C".; :;0.? Ur. q:;,: [J!~:.. :- ;:':1:..1 -1", :~: t9(1.. - ~ II. r- ::> (.) G'l U SUERI"F'S RETURN - SUMMONS/COMPl.AINT iff vv--,ur C0-r)~h/ t"J!. COMMON PLEAS NO, 97-;2 cJ,fj COUNTY COURT t\~ (/0 veRSUS TERM, 19 &nG,r<.)-(, ~J /. Ll ~~ No'P'ly17V D Defendant ,S-CJ'''''' G(' J C-br'r'- 1'<;11 I SERVED AND MADE I<NOWN TO """Defendant Company by ha.,dinr1true and uUested copy of the wilhin Summons/Com pI oint, issued in the above captioned mailer an -d-if-!1---,;/:.Q--'----. ____.__--;. 19 ___'1"1_ ,at IO:1f7) o'clock, P- M., E.s.T@ at i&:L!._In,j f f<:_-t__.d._____ , in the County of Philadelphia, j), J' ~ State of Pennsylvania, 10 -'-'ILl: ~_,_, f-el\ L:l________ [l (1) the aforesaid defendant, personally; o (2) an adult member 01 the family 01 said defendant, wilh whom said defendant resides, who stated that his/her relationship to ~aid defendanl is that 01 o (3) an adult person in charge of defendant's residence; the said adull person having refused, upon re- quest, to give his/her name and relationship 10 said defendant; D (4) ~(5) 0(6) the manager/clerk of the place of lodging in which said defendant resides; agent or person for the time being in charge of defendant's ollice or usual place of business. the _________, and officer of said defendant Company; .,~\J:ltl IU ^ND SUBSCHllltl' , "UN 11 fSl dl' ,,' r~ thl~ . Sa Answers, JOHN D. GREEN. Slt.rilf "i-.:r Notariat Sea' p~f;~ . Jedollo Ba,ler, Jr. N~t~~ Counl p~ilado:F~I., plnlade P J~no 4. I 6 M1 Con'ml$~,on [IlP\ICS ~~clNCal\lO , . f,wJ~~y.~i_ _I. 1)"f,"r)'S"~ 11=</! 2- ! .'lq,P.... 12 1iil reflect the amount, if any, due and owing from Baker to Hempt, and it is further denied that the materials furnished were in uccordunce with the contrnct speeificutions. Buker incorpornles by reference euch and every avennents orits Ncw Mallcr and Counterclaim as furthcr responsc. 5. Dcnicd. The avcnncnts of this purngrnph are conclusions to which no rcsponsc is rcquired by thc Pennsylvaniu Rules of Civil Procedure. To the extent the avernlenls are deemed factual, they are speeificully denied. Buker incorpomtes by reference the avennents of its New Matter and Counterclaim as though fully set forth. 6. Denied. TIle avennents of this parngrnph arc conclusions to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent the avennents are deemed factual, they are speeifically denied. To the contrnry, Baker received materials which did not comply with contrnct specifications, did not comply with the other tenns and conditions of the agreement for delivery and it is denied that the invoices accurntely reflect the times and amounts and quantum of materials delivered. It is further denied that the invoices reflect the amounts, if any, due from Baker to Hempt. To the contrnry, Baker is entitled to damages from Hempt for the breach of its contrnet as more though fully set forth in its New Matter and Counterclaim, the avennents of which are incorpornted herein by reference. COllNTI 7. Baker's answers to Hempt's avernlents in parngrnphs I through 6 are incorpornted herein by reference. 8. Admitted in part, denied in part. II is admitted thaI Baker and Hempt entered into a contrnct lor the sale by Hempt to Baker of concrete. The remaining uvernlents of this parngrnph are denied. S4291U To the contrnry, the tenns und conditions of the contrnct betwcen Buker und Hempt are neither fully nor uccumtcly sluted by Hempt in its Complaint nor are they reflected in the invoices attached to the Complain\. Buker incorporntcs by reference the llvennents of its New Matter and Counterclaim us though fully set forth liS further response hereto. 9. Denied. The uvennents of this purngraph lire conclusions to which no response is required by the Pennsylvaniu Rules of Civil Procedure. To the extent the avennents are deemed fuctuul. it is specifically denied tlmt Buker uccepted all of the muteriuls referenced on the invoices or that the muterials referenced on the invoices complicd with the ternlS und conditions of the contruct between Bakcr and Hemp\. Buker incorporatcs by reference the uvernlents of its New Mutter and Countereluim us though fully set forth us further responds hereto. 10. Denied. The uvennents of this purngrnph are conclusions to which no response is required by the Pennsylvunia Rules of Civil Procedure. To the extent the uvcrnlcnts arc decmed factual. they are specificully denied. Buker incorporntes by referencc the uvennents of its New Mutter und Countercluim us though fully set forth us further response hereto. II. Denied. The uvennents of this paragrnph are conclusions to which no response is required by the Pennsylvunia Rules of Civil Procedure. To the extent the uvennents ure deemed fuctuul, they ure specificully denied. Baker incorporates by reference the uvennents of its New Mutter und Countercluim us though fully set forth us further response hereto. By wuy of further response, to the extent the uvennents ure dcell1cd fuctual, it is specifically denied that Buker hus fuiled und refused to puy Hempt for uny ll1uteriuls furnished in uccordunce with the ternlS und conditions of the contrnct between Buker und Hemp\. For the reusons set forth in the New Mutter and Counterclaim, Ilcmpt breuchcd its agreement, cuused Bakcr damages for SU9lU which Bakcr is cntitlcd to damagc sct forth in thc Countcrclaim. 12. Denicd. The avcnnents of this paragraph arc conclusions to which no responsc is rcquired by thc Pcnnsylvania Rulcs of Civil Proccdure. To thc cxtcntthc avcrnlents are dccmed factual. thcy are specifically denied. Bakcr incorporatcs by refcrcncc the avcnnents of its New Maller and Counterclaim as though fully set forth as further response herelo. 13. Denied. The avennents of this paragraph are conclusions to which no response is rcquired by the Pcnnsylvania Rules of CivilProccdure. To the extent the avernlents are deemed factual. they are specifically denied. Baker incorporates by reference the avennents of its New Maller and Counterclaim as though fully set forth as further response hereto. By way offurther response. to the extent the avennents are deemed factual. it is specifically denied that Baker has failed and refused to pay Hempt lor any materials furnished in accordance with the ternlS and conditions of the contract between Baker and Hemp\. For the reasons set forth in the New Maller and Counterclaim. Hempt breached its agreement, caused Baker damages for which Baker is entitled to damage set forth in the Counterclaim. 14. Denied. TIle avernlents of this paragraph are conclusions to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent the avennents are deemed factual. thcy arc spccifically denied. Baker incorporates by reference the avcnnents of its New Matter and Counterelaim as though tully set forth as further rcsponse hcreto. WHEREFORE. Baker Concrete Construction. Inc., demands judgment against Hempt Brothers. Inc.. on its claim set forth in Count I. cost, counsel fees as pernlittcd by law and such additional relief as thc Court may dcem appropriate. 542911,1 COUNT" 15. Daker incorpomtes by relerence its tmswer to pamgmphs I through 14 as though fully set forth. 16. Denied. The avemlcnts of this pamgmph are conclusions to which no response is required by the Pcnnsylvania Rulcs of Civil Procedure. To thc cxtcnt the avcmlcnts arc deemed factual, they are specifically denicd. Daker incorporates by rcferenec its New Malter and Counterclaim as further response. 17. Denied. The avemlcnts of this pamgraph arc conclusions to which no rcsponse is required by the Pennsylvania Rules of Civil Proccdure. To the extent the avennents arc deemed factual, they arc specifically denied. Daker incorporates by reference its answer to pamgraphs 8,9 and] 0 of Hempt's Complaint as though fully set forth. Daker further incorpomtcs by rcfercnec its New Malter and Counterclaim as further response. 18. Denied. TIle avemlcnts of this paragraph arc conclusions to which no response is required by the Pennsylvania Rules of Civil Procedure. To the cxtent the avemlents are deemed factual, they are specifically denied. Daker incorporates by refercnec its answers to Count I, Ncw Malter and Counterclaim as though fully set forth as further respons~ hereto. 19. Denied. TIle avennents of this paragraph are conclusions to which no response is requircd by the Pennsylvania Rules of Civil Proccdure. To the extent the avcmlcnts are deemed factual. they are specifically denied. Daker incorporates by rcfercncc its answer to Count I. its answers to paragraph ]5 through 18 of Count II. and thc avemlents of its New Malter and Counterclaim as though fully set forth as further responsc hereto. WHEREFORE. Daker Concrete Construction. Inc.. demands judgmcnt against Hempt SU91U Brothers, Ine., on its claim set forth in Count I, cost, counsel lecs liS pcrmittcd by IlIw lInd such lIdditional rclief as the Court mllY decmllpproprillte. NEW MATIElt 20. Bilkcr incorporatcs by relerence its IInswer to lIempt Brothers' Complaint as though fully set forth. 21. lIempt has tailed to stllte II c1l1im upon which relief may be granted. 22. Some, most or 1111 of the claims lISserted by lIempt are barred by the provisions of the Statute of Frauds incorporatcd in the Pennsylvaniu Uniform Commercial Code. 23. Some, most or ull of the claims usserted by lIempt are burred by the terms und conditions of the Uniform Commercial Code. 24. Bilker did not accept in writing the paymenttemls and conditions pleaded by Hempt in Count lund Count II with respcct to interest ut a rate in excess of statutory interest rate of six percent per annum. 25. As u matter of luw, und in the absence of a writing accepting intercst at a rate in excess of the statutory interest mte, the sole umount recoverable for intercst is six percent per unnum. 26. PlaintiIT's claim for interest at the rate of 1 and 1/4 percent per month fuits lIS a matter of law. 27. Count II is not pleaded in the altel11utive, lInd therefore based upon the UVel111ents of the existence ofa "contmct" Count II is contrary to the laws of the COl11monweulth of Penn sylvan ill and fuits to state a cause of uction upon whieh relief mllY be gmnted. S42911.1 COllNTEltCLAIM 28. Plnintitrincorpomtes by reference its Answer and New Mutter to Ilempt's Complaint liS though fully set forth. 29. On or ubout December 20, 1994, Buker und Robert A. Kinsley, Inc. ("Kinsley") entered into u Joint Venture Agreement ("Agreel11ent") pursunnt to which Buker und Kinsley submitted u joint bid to the Commonweulth of Pennsylvuniu, Department of Transportution ("PaDOr'), seeking the uwurd of the general contract for the construction of the S.R. 0015 (AI4), Upper Allen Township, Cumberland County, Pennsylvuniu Project ("Project"). 30. Pursuunt to the Agreement, Baker und Kinsley euch bid, und muintained responsibility for, certain line items of the Project. The line items for which Buker maintuined responsibility included the concrete puving line items of the Project. 31. On or ubout February 19, 1995, the Baker/Kinsley Joint Venture was awarded the general contmct for the Project. 32. In or ubout Mureh 13, 1995, Baker entered into u contract with Hempt lor the purchuse of concrete to be utitized in the Project ("Contmct"). The terms of the purties' contract were codified inu Baker Purchuse Order. u truc and correct copy of which is uttuched hereto us Exhibit "A" and incorporated by refercnce. 33. Pursuant to the tel111S of the Contract, Hcmpt wus required, inter alia, to do the following: a. 1I0nor a $1.00 per cy discount for all concrcte delivered if paid by Baker within 45 days of delivery; b. Provide concrete which complied with all PuDOT specilicutions lor the S42911.\ Project upon urrival at jobsite; c. Dedicllte its plant solely to Baker for those days which Baker was to plllce concrcte on the Project; d. Schedule all concrete deliveries per the direction of Baker's designated project superintendent lit the dirccted mte up to 250 cy per hour. e. Provide concrete which l11eets industry slandurds for satisfllctory workubility for slipform puving opemtions; f. Deliver concrcte which meets Baker's requirements for slump and air; g. Produce concrete having 100% yield at Project. h. Produce und provide concrete meeting the compressive strengths and the air entminment requirel11ents set forth in PaDOT's specifications for hardened concrete. 34. 111roughout its course of performance, Hempt failed to comply with the terms of the Contract. Specific exumples ofHempt's faiturcs include but ure not limited to the following: u. Hempt fuited to honor the $] .00 prompt puyment discount us set forth in the Contract; b. Hempt fuiled to provide concrete in the umounts and ut the rates specified in the Contract and ut the direction of Baker's project superintendent; c. Hempt fuited to provide concrete which met industry stundurds for satisfactory workability for slipfonll puving operations; d. Hempt fuited to produce concrete having u yield of ] 00%; e. Hempt delivered concrete to the Project which fuited to comply with PuDOT specifications und Buker rcquircments tor the Project. 542911.1 35. As u result of these and other delieieneies in Hempt's perlormance. Baker experienced decrcused efficiencies, decreused productivity and incrcased cosls for whieh lIempt is liable. Count 1 - IJrcnch of Contrnct 36. Paragraphs 28 though 35 are incorporated herein by rcference. 37. Hempt's failures to conform with the parties' Contract, as identified above, constitute a material brcach of contract for which I-1empt is liable to Baker. 38. Baker's dal11ages resulting from Hempt's brcach exceeds the amounts elaimed by Hempt in its Complaint. WHEREFORE, Baker prays for jadgment in its favor, and against I-Iempt, in an amount grcater than $50,000, along with costs, attol11eys' fees as permitted by law, intercst, and sueh other relief as this court deems appropriate. Count II IJrcuch ofWnrruntics 39. Pumgmphs 28 through 38 ure incorporated herein by rcference. 40. Hempt fuiled to provide concrete in accordunce with the express warranties set forth in the parties' Contract. (See Exhibit "A"). 41. Hempt failed to provide concrcte whieh met industry standards for satisfactory workability for slipform paving operations. 42. Hempt's failures constitute material breaches of warranties, both express under the terms of the Contract, and implied as provided for by law, including but not limited to warranties of fitness and merchantability as sct forth in Pennsylvania's Commercial Code, 13 Pa. C.S. **2]01 et seq., as a result of which Baker has been damaged, and for which Hempt is liable. 542911.1 >- ,II ,... l-:', U". I:: F- r.:-, \' I' t)':" ..:" i~'.' l~. 11-,' (j' . , , ,". C' .' . I ..I'~- ,:'-' \ t. , '. \'&-' ,.. ..'-.. ,- :": I'. r- "-' d () v ..,. I!J c: i.~~ \' ~ j-'- t?~ ~, II ,~. ".-:: (.t .. .... ". . l~)i.:< '.'",' c: 1"'- , c: " :J ~;:-. i' I L'- :iL .:.... II. :- ,';' <J l:."". t.2 '~ and strict proof thereof is demanded at the trial of this case. 30. Denied. Plaintiff, after reasonable investigation, is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 31. Denied. Plaintiff, after reasonable investigation, is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 32. Admitted in part and denied in part. It is admitted that Baker and Hempt entered into a contract in accordance with the averments contained in Hempt's Complaint. It is specifically denied that the Baker purchase order evidences the contract between the parties or that it is a contract at all between the parties. The remainder of that averment is specifically denied. 33. Denied. It is specifically denied that the Baker purchase order evidenced the terms and conditions of the contract between Baker and Hempt or that any subpart of this averment states with particularity any of the terms and conditions of the contract between the parties. Without answering those specific averments individually, they are all denied. It is specifically averred that Hempt provided Baker with concrete for use on the project which met any and all specifications required for use on the project. 2 34. Denied. It is specifically denied that Hempt had any requirement to perform under the terms and conditions of the Baker purchase order or that that purchase order set out the terms and conditions of the contract between the parties. To the extent that the subparts of this averment are conditions contained in the Baker purchase order, they are specifically denied as being representative of any contract between the parties. To the extent that they are not conditions of the Baker purchase order, they are also specifically denied. 35. Denied. Plaintiff, after reasonable investigation, is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. Count I - Breach of Contract 36. Answers to Paragraphs 28 through 35 are incorporated herein by reference. 37. Denied. It is specifically denied that Hempt failed to conform with the parties' contract and that Hempt breached any contract between them. To the extent that this averment is referring to Baker's purchase order, it is specifically denied that that represents the contract between the parties. 38. Denied. It is specifically denied that Baker had damages since Hempt did not breach any contract between the parties. 3 '.. G I - 'c"; lC - - I I , , .;.'~ , ) . , - , , (' <) , <~.::) (,:'1 L. t...,! i , t 1:--, , U '" , 0 rn ~ U - ~~ n ~.. ~ ~ "< i: ~ ..:l )0 ! ~ ..J P; III ~ r.l co !; .. < 0 ~ ..r =: 1:< . = o . = .::l ... ... ~ " @JAN 2 !l1996 , . . ~ C'~ 1:; ~ .. .', UJr:' -, cO': i::,~ C);-', :.::: li:." .. ,_J.,- ll. _ ~ . '"~ Ql: . J:,J C! C.... : ..;~ I.J.I ~;.. _.1....: [L!U; CD .: :': 'I!U i.. l\J ,"!.- l,_ ~::- .': II. t/) .:J (.1 c.-' U