Northern Metals, Inc. sued Scovill Fasteners, Inc. for breach of contract based on Scovill’s failure to pay for metal raw material delivered to Scovill by Northern. Scovill counterclaimed, alleging that Northern had breached by failing to deliver the metal in compliance with contractual specifications and deadlines. Following a bench trial, the trial court awarded Northern certain damages, including pre-judgment interest, offset by other damages awarded to Scovill. Scovill filed this appeal contending that the trial court erred by 1 considering parol evidence in interpreting a written two-week delivery deadline, and thereby barring certain cover damages for deliveries past the deadline, 2 denying Scovill’s counterclaim for certain alleged overcharges, and 3 awarding pre-judgment interest pursuant to OCGA § 7-4-16. For the reasons that follow, we affirm in part and reverse in part. While we apply a de novo standard of review to any questions of law decided by the trial court, factual findings made after a bench trial shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. Because the clearly erroneous test is in effect the same standard as the any evidence rule, appellate courts will not disturb fact findings of a trial court if there is any evidence to sustain them.1 So viewed, the evidence shows that in late 2003, Scovill issued a Request for Quotation “RFQ” to suppliers of raw materials for Scovill’s metal fastener manufacturing business. Northern responded and was called to meet to discuss the terms of the contract. The RFQ included a provision stating that pricing would be discounted by two percent if Scovill paid within forty-five days of shipment; Northern negotiated a change, memorialized in an RFQ update, that deleted the discount and required Scovill to pay within sixty days of shipment. The RFQ also included a provision stating that lead times for delivery would be “one week for designated stock keeping items, two weeks for all other items.” In the RFQ, Scovill promised to provide “a forecast of usage quarterly for the three months going forward,” to allow suppliers to obtain necessary stock. Before Northern was awarded the contract, Northern made it clear to Scovill that it would need a three-month lead time to begin stocking any items, because they were coming from overseas suppliers. Northern was selected as a provider under the RFQ to supply a Georgia-based plant. Northern was also selected to provide a one-time delivery of material to a Scovill facility in Hong Kong. From the beginning of the contract in February 2004, Scovill encountered delays with Northern’s shipments to both the Georgia facility and the Hong Kong facility. Based on the delays, Scovill refused to pay for the shipments within the required 60-day time frame, and in some cases including the Hong Kong shipment, Scovill did not pay at all despite ultimately receiving and accepting the material. In December 2004, Scovill instructed Northern not to order any more material from its overseas supplier, and Northern informed Scovill that it would not ship any more material until certain outstanding balances were paid. The last shipment Scovill received was in March 2005.
Northern sued Scovill for breach of contract seeking damages for unpaid principal on shipped material, unpurchased material, interest, and attorney fees. Scovill answered and counterclaimed, seeking payment for overcharges and cover damages it incurred as a result of the delayed shipments. Following a bench trial, the trial court ruled that Scovill failed to pay for certain delivered material and entered judgment against Scovill for $281,175.29 in principal for the material and $109,320.86 in interest for delayed payment. The trial court also entered judgment against Northern for $21,710.45 for certain of Scovill’s cover damages and Northern’s overcharges. Scovill now appeals.
