Wednesday, December 25, 2013

Luria Bros. & Co. v. Pielet Bros. Scrap Iron case brief

Luria Bros. & Co. v. Pielet Bros. Scrap Iron case brief summary
600 F.2d 103 (1978)

CASE SYNOPSIS
Defendant corporation appealed a decision by the United States District Court for the Northern District of Illinois, which found that a contract for the purchase of barge scrap steel existed between plaintiff corporation and defendant, and found that plaintiff was damaged as a consequence of defendant's failure to deliver.

CASE FACTS
Plaintiff corporation filed an action against defendant corporation for breach of contract. The district court found that a contract for the purchase of barge scrap steel existed between plaintiff and defendant and that plaintiff was damaged as a consequence of defendant's failure to deliver.

DISCUSSION

  • The court affirmed the finding that there was a contract between the parties because a jury could have readily found that a contract existed between the parties. 
  • The court stated that undisputed testimony at trial established that the parties agreed as to the terms, both before and after plaintiff's writing was sent. 
  • The court also stated that in light of plaintiff's acceptance of the terms stated in defendant's writing, the court agreed with the district court's conclusion that defendant's sales confirmation brought U.C.C. § 2-202 into play to bar a witness's testimony. 
  • Next, the court stated that a term relieving defendant of its obligations under the contract in the event its supplier failed it would have been included in its sales confirmation. 
  • Lastly, the court stated that defendant failed to introduce evidence sufficient to justify a jury instruction on commercial impracticability.
CONCLUSION
The court affirmed the finding that there was a contract between the parties in plaintiff corporation's breach of contract action because a jury could have readily found that a contract existed between the parties.

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