TSR, Inc. v. Quincy Compressor Division of Coltec Industries, Inc.

Nonpayment - Repair Services - In late 1994 TSR sold Quincy, four REMSTAR vertical carousels, which are large automated storage and retrieval systems. TSR's certified REMSTAR mechanic traveled to Quincy's palant in Bay Minette, Alabama, to assemble and install the carousels. It is undisputed that the parties did not have written maintenance or warranty agreement concerning repairs. Instead, Quincy contacted TSR on an "as-needed" basis.

On November 8, 1996, approximately two years after the initial sale, Quincy informed TSR that one of the carousels had "crashed." Quincy specfically requested that TSR order a lower curved track, which is a main component part of a carousel. TSR ordered the part from the REMSTAR manufacturer, which is located in Westbrook, Maine. TSR's certified mechanic traveled to Quincy's plant in Alabama to install the component part and to repair the carousel. The repair work took approximately four days. TSR, thereafter, sent Quincy an invoice for $6000.03.

Approximately two weeks later, the same carousel "crashed" again. Quincy did not notify TSR but, instead, contacted another certified REMSTAR mechanic in Mobile, Alabama, to evaluate and to repair the carousel. Qunicy paid $5,669.17 for the subsequent repair work. Quincy refused, however, to pay TSR the amount due under its invoice.

On April 22, 1997, TSR sued Quincy to recover the upaid balance under its invoice. In response, Quincy filed a motion to dismiss the complaint, asserting that TSR was barred from recovery for its failure to qualify to do business in Alabama. The trial court denied the motion.

The case was tried without a jury, and on October 29, 1997, the trial court entered a judgment awarding TSR $2,000. The trial court subsequently denied TSR's request for attorney fees.

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The decision was reversed and remamded, and appeal dismissed as moot by the Court of Civil Appeals of Alabama. See: 742 So.2d 792 (Ala.Civ.App. 1998). Reported by EMDH.