PENNSYLVANIA RECORD

A downtown Philadelphia yogurt shop has filed a lawsuit against a North Carolina

manufacturer of yogurt machines, contending the plaintiff had to put its grand opening on hold after the machines ordered by the plaintiff, and delivered by the defendant, malfunctioned.

In a civil complaint filed June 13 at the Philadelphia Court of Common Pleas by Philadelphia attorney Kenneth L. Baritz, Old City Yogurt alleges that Wayne E. Barker II, and his Eden, N.C., company, Sno Biz LLC, breached its sales agreement with the plaintiff after the manufacturing company failed to refund the yogurt shop for the faulty machines.

The lawsuit claims that the two parties entered into a sales agreement on April 9, 2011, whereby Old City Yogurt would purchase five Taylor 754 yogurt machines from the defendants for $38,500.

The five machines were delivered to the Philadelphia business on May 8, 2011.

The yogurt shop was prevented from holding its grad opening ceremony the following day, however, due to the fact that all five of the machines were not operational, the lawsuit states.

The defendants sent a repairman to the Philadelphia business on May 19 of that year, but the person was unable to repair any of the machines, the suit claims.

The repairman then removed two of the machines from the yogurt shop while the other three were placed in storage.

On June 9, 2011, a representative of the defendants took possession of the machines from Old City Yogurt and produced a return receipt that indicated the plaintiff would be reimbursed the full $38,500 for the malfunctioning machines, the complaint states.

To date, however, the plaintiff has only been given $10,000 of its money back, the lawsuit claims.

The yogurt shop ended up having to purchase five yogurt machines from a different vendor; its grand opening didn’t occur until May 26, 2011.

The lawsuit contains counts of breach of sales agreement, breach of warranty of merchantability and conversion.

The plaintiff seeks compensatory damages in excess of $50,000, in addition to interest, litigation costs, lost profits and other court relief.

 

The case ID number is 120601552.