OPINION ISSUED JANUARY 15, 1986
JOE L. SMITH, JR., INC., D/B/A BIGGS-JOHNSTON-WITHROW
DEPARTMENT OF EMPLOYMENT SECURITY
Ben Preast, Sales Representative, appeared for claimant.
D. B. Daugherty, Attorney at Law, for respondent.
Claimant was the successful bidder and was awarded a purchase
forms at a cost of $8,572.00 to respondent. As the claimant was
to produce the
necessary forms, the work was subcontracted to a company in New
After the forms
were delivered to respondent, its purchasing agent informed
that it intended to reject
the forms. The forms were rejected due to a defective blue carbon.
Respondent used 143,000 forms as it lacked an alternative until
replacement forms could be
printed by a company other than the claimant. Claimant was informed
the New York
subcontractor that claimant was entitled to a full refund for the
which were returned to it.
Respondent returned only 57,000 of the original 200,000 forms to
claimant for which claimant
received a partial credit of $3,386.09. Claimant seeks $3,727.16
forms not returned to it
and for which it did not receive the refund.
The Court is of the opinion that to deny an award to the claimant
be unjust enrichment.
The respondent used the forms. However, the forms were defective
no fault of
respondent. For that reason, the Court reduces the amount claimed
and makes an
award to claimant in the amount of $3,354.44.
Award of $3,354.44.