Finley-Gordon Carpet Co. v. Bay Shore Homes, Inc.

Defendant, Bay Shores Homes, appeals from a judgment awarding plaintiff partnership, Finley-Gordon Carpet Co., $18,864 plus interest and costs for carpeting installed under contract.

Plaintiff installed carpeting in defendant’s apartments by the “taekless strip method.” The apartments, 10 two-story units of four apartments each, were designed so carpets could be interchanged between rooms in an apartment and between apartments. The tackless strip method involves cutting carpet to room size; nailing strips of wood containing little barbs or tacks sticking up toward the wall at a 60 degree angle around the perimenter of the room’s floor; sticking with water soluble paste (first floor cement floors) or staples (second floor wooden floors) a rubber pad between the perimeter strips; and stretching the carpet over the barbs, leaving the carpet firm, and smooth on the floor. No molding is used. The rubber pad and carpet can easily and rapidly be removed without damaging the pad/carpet or floor. Pulling the pad upward pulls out the staples without the use of a tool. The tackless strips are removable and re-usable.

Defendant is not dissatisfied with the carpeting. It seeks gratuitous…