HomeMy WebLinkAbout95-02974
,
copy of said proposol Is attached hereto as Exhibit "A" and by
reference incorporated herein and made a part hereof,
4, Said January 19, I'JlJlj proposal totaled $19,!J55.00, and
required a $5,000,00 down payment upon the signing of the
acceptance. Ba I d Proposa I was never signed by Co langelo,
5, Thereafter, on or about January 26, 1995, starner and
Colangelos executed an Addendum to the January 19, 1995 Proposal.
A true and correct copy of said Addendum Is attached hereto as
Exhibit "U" and by reference incorporated herein and made a part
hereof,
6, The Addendum modified various items in the January 19,
1995 Proposal and reduced the price from $19,555,00 to
$18,755,00.
7, Thereafter, Colangelo signed the January 26, 1995
Proposal and mailed a check made payable to starner in the amount
of $5,000.00 to starner, Said check represented the down payment
required by the Proposal.
n. Prior to Iltanler's receipt of the $5,000.00 check, Mr.
Colangelo telephoned Starner to discuss several material changes
to the ,January 26, 1995 Proposal. Starner advised Mr, Colangelo
I.l1ll1!1H_A" -.,,_ "_'~ I ....' ..r'.'
"
.
~
that he (starner) had not received the check as of the
conversation.
9. On or about February I, 1995, starner delivered a third
Proposal to Colangelo representing the changes that the parties
had discussed as referenced In Paragraph 8 above. A true and
correct copy of said Proposal is attached hereto as Exhibit "C"
and by reference Incorporated herein and made a part hereof.
10, 1~e February I, 1995 Proposal materially changed the
design of the addition to be constructed, as well as the material
terms of the January 19, 1995 Proposal and the January 26, 1995
Proposal.
11. Colangelos have never accepted the February 1,1995
Proposal,
12, On or about March 15, 1995, starner delivered an
Invoice to Colangelo. A true and correct copy of said Invoice is
attached hereto as Exhibit "D" and by reference incorporated
herein and made a part hereof.
13. The March II), 191)1) Invoice was provided at colanqelo's
request because Btat'ner c 1 il j med to IInve ol'dered mater ial s before
actually hnvlng received n contrnct (slqned or otherwise) from
Colangelo. ThlB Invol,:t, WilS I,,'ovlded beciluse CO!iltllJe!o had
. ...." J ;." ~" .. 'I' .r. ,
~ -
requested the supplier's original invoice for the logs that
starner had unilaterally ordered,
14. colangelos have continually demanded that starner
return the $5,000.00 check that was forwarded by Colangelos to
starner as discussed in Paragraph 8 above.
15. There was never a meeting of the minds between the
Parties to this litigation with regard to any addition to be
constructed by starner for Colangelos, and thus there is no valid
contract between the Parties,
16. Despite numerous demands by colangelos, starner has
refused, and continues to refuse, to return the $5,000,00 check
which the colangelos mailed to starner.
17, starner lacks any legal justification for his failure
to return said $5,000.00 check to colangelos,
18, starner has stored various logs and other materials on
ColangelO'S property. These items belong to starner and not
Colangelo,
19. colangelo has repeatedly requested that starner remove
said logs and materials from ColangelO'S property, but starner
has refused to do same,
, ""!HI Ill"... 'I ,,,,. ,,' ~','~l ' "\III ~I'. I