The plaintiff, ZD Metal Products Inc., brought a motion for summary judgment against the defendant, Metamag Inc., concerning alleged breaches of contract for the manufacture of two industrial ovens.
The plaintiff sought approximately $400,000 USD for a defective aluminum furnace and an undelivered magnesium furnace.
The defendant argued that the aluminum furnace's failure was due to the plaintiff's improper maintenance and operation, and that the magnesium furnace contract was not fully complied with by the plaintiff, including payment and inspection.
The court found a multitude of genuine issues of fact requiring a trial, including whether the aluminum furnace was defective upon delivery, if the defendant failed to repair it, if the plaintiff caused the damage, and issues related to the magnesium furnace contract's terms and plaintiff's compliance.
Consequently, the plaintiff's motion for summary judgment was dismissed with costs.