Legal Question in Civil Litigation in Ohio

Civil suit/ Breach of contract?

Hello - I'm in quite a pickle concerning the printing of a book. I contracted with an Ohio company to print a ''photo-intensive'' book. They sent a sample book that looked great; we got to the proof stage and they looked good. It was all a ''go'' until the very final ''signature'' copy arrived. A signature is a complete, unbound book as the customer will see it. Well - it was quite blurry. They said the paper sometimes stretches and moves during the printing process and can throw it off slightly - but all within ''spec.'' To me, it is completely unworthy to be distributed. I obtained final print test sheets from a local printer and they were perfect - worlds apart from the other. I have paid $5700 to the first printer, in which $1900 would be due had I completed the transaction. I do not want any of the books due to the quality issue, and I would like some refund. What are my chances? Does this require a small claims case, or is an attorney better? Due to the delay of the book, I have lost a Barnes & Noble order - and there are other ramifications. I think maybe even I am due the full amount plus adjunct damages. I really appreciate any insight and direction. Thank you. The company is in Ohio and I am in NY - 6 hour drive


Asked on 11/17/08, 8:19 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Civil suit/ Breach of contract?

Dear Author: Your right to recovery may depend upon the provisions in your contract with the printer. What spec's were included regarding type, paper, galleys, proofs, signature, etc. Clearly, blurred copy is unacceptable and must be rejected. You are entitled to a refund of all of your money, perhaps even damages for delay, loss of business opportunity, etc. This case must be brought in the state and county where the printer is located,and iof the amount in controversy is greater than $75,000.00, you can bring it in Federal Court in your area.

Consult experienced counsel ASAP. Good luck!

Sincerely, J. norman Stark

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Answered on 11/17/08, 8:29 pm


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