Wednesday, December 25, 2013

Alaska Pacific Trading Company v. Eagon Forest Products, Inc. case brief

Alaska Pacific Trading Company v. Eagon Forest Products, Inc. case brief summary
933 P.2d 417 (1997)

Plaintiff, the seller of logs, sought review of an order from the Superior Court of King County (Washington) awarding summary judgment to defendant purchaser in a breach of contract action.

The log purchaser and log seller entered into a contract to buy and sell raw logs. After months of communications between the parties, the delivery date passed with no shipment. The purchaser canceled the contract, alleging that the seller had breached. The seller brought an action for breach. The trial court awarded summary judgment to the purchaser, finding that the seller breached the contract by failing to timely deliver the logs.


  • On appeal, the court found that under the "perfect tender" rule, the seller breached its duty under the contract and released the purchaser from its duty to accept the logs. 
  • The seller did not dispute that the contract specified a date for shipment or that the logs were not shipped by that date. 
  • The court further found that even if the parties did waive the original delivery date, the seller still had a duty to deliver the logs within a reasonable time. 
  • Its failure to ship the logs for an additional 20 days, while the price of logs continued to drop, was unreasonable and a breach.
The order awarding summary judgment to the purchaser in the breach of contract action filed by the seller was affirmed.

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