| The Magistrate’s Court in the Krayot |
| Civil Case 21624-01-22 Amit Communications and Holdings (Advanced Security Solutions) in Tax Appeal v. Zadok
Exterior Case: |
| Before | The Honorable Judge Yuval Wasserkrug | |
| Plaintiff | Amit Communications and Holdings in a Tax Appeal | |
| Against | ||
| Defendant | David Zadok | |
Judgment
The plaintiff seeks to obligate the defendant with compensation, after she claims that the defendant breached the partnership contract between the two, prevented the installation of solar panels on the roof of a building he owns, and then signed a contract with another company for the installation of solar panels.
The defendant claims that the contract between the parties was canceled by oral consent, otherwise he would not have signed an agreement with another company, and therefore the plaintiff is not entitled to compensation.
The parties to the proceeding
The plaintiff is a company engaged in the marketing and construction of solar systems.
The defendant is a farm owner in the settlement of Avdon who wished to install solar panels on the roof of an agricultural building he owns.
The facts required for the matter in summary and the arguments of the parties
- On February 4, 2020, a contract was signed between the parties for the installation of solar panels (hereinafter: the "Agreement") - where instead of the defendant being required to bear the cost of installing the system, the parties agreed on a partnership whereby the defendant would enjoy 53% of the revenues received from that cave and the plaintiff 47% of the revenues, after deducting expenses and installation costs. The next day, on February 5, 2020, the plaintiff even signed an agreement to increase the connection to electricity.
- According to the plaintiff, on February 25, 2020, the plaintiff paid the IEC the sum of ILS 1,902 as an advance to increase the electricity connection for the purpose of setting up the system for the defendant.
- According to the defendant, already in February 2020, he approached the plaintiff with a request to cancel the agreement, and the plaintiff's "representatives" agreed to cancel the agreement - but the cancellation was made orally in light of the relationship of trust between the parties.
- There is no dispute that on March 3, 2020, the defendant signed an agreement with another company - "Ormesh Holdings" for the installation of a solar system on the defendant's land, when this system was actually built, but according to this agreement, the defendant chose to bear the costs of installing the system, and thus he could enjoy the income received from it on his own.
- According to the plaintiff, it was only during May 2020, after she had been working for about 3 months to build the system and contacted the IEC for construction permits, that she discovered for the first time, and by chance through the IEC, that the defendant had signed a contract with another solar company for the installation of a solar system on the same roof.
- According to the plaintiff, in July 2020, the defendant installed the solar system through another company.
Discussion and Decision