Wednesday, December 4, 2013

Sun Printing & Publishing Association v. Remington Paper & Power Co., Inc. case brief

Sun Printing & Publishing Association v. Remington Paper & Power Co., Inc. case brief summary
139 N.E. 470 (N.Y. 1923)


CASE SYNOPSIS
Defendant appealed from an order of the Appellate Division of the Supreme Court in the First Judicial Department (New York) that reversed a denial of plaintiff's motion for judgment on the pleadings in a breach of contract action.

CASE FACTS
The parties entered into a contract in which plaintiff agreed to buy from defendant a quantity of paper at a specific price for four months. At the conclusion of four months, the price of the paper and the length of time that price would apply was to be agreed upon by the parties. If an agreement on price was not reached, the price charged by another paper company would apply. In its breach of contract action, plaintiff motioned for a judgment on the pleadings. The motion was denied but was reversed on appeal. Defendant appealed, and the court reversed.

DISCUSSION

  • The court held having a fallback on the price term in the absence of agreement did not make up for the absence of a time limit. 
  • In this contract, agreement on time was as essential to the contract as agreement on price. 
  • Because agreement was not reached, defendant was not bound.

CONCLUSION
Order granting plaintiff's motion for judgment on the pleadings reversed on the grounds that defendant was not bound under contract where agreement as to price and time terms not reached.

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