HARRISBURG — A Chambersburg pastry shop is suing an Italian company, alleging breach of contract regarding defective equipment sold to the shop.
Martin’s Famous Pastry Shoppe Inc. filed a lawsuit Feb. 16 in U.S. District Court for the Middle District of Pennsylvania against Tecnopool SPA of San Giorgio in Bosco, Italy, alleging breach of contract, breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose.
According to the complaint, on Oct. 21, 2013, Martin’s Famous Pastry contracted with Tecnopool for the purchase and installation of two spiral conveyors, which carry raw bread dough on baking pans through a heated and humidity-controlled room to allow the bread to rise before baking. The total purchase price of the spirals was approximately $931,987.52, the suit says, and, to date, the plaintiff has paid $835,185.84.
Martin’s alleges approximately seven days after the installation was complete, plastic pieces began to break off and fall into the area where uncooked bread was being transported. After several attempts to fix the spirals, the lawsuit says, Martin's requested in a Nov. 30, 2015 letter, that it be able to rescind the contract, which Tecnopool denied.
The plaintiff alleges the issue persisted, the plastic continued to break off in the dough, and it attempted to solve the dispute via mediation, which was also denied.
Martin’s Famous Pastry Shoppe seeks damages of $1,224,926.84, in addition to all other legally recoverable damages, interest and costs. It is represented by attorneys James P. DeAngelo and Sarah Hyser-Staub of McNees Wallace & Nurick LLC in Harrisburg.
U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00272-SHR