Friday, March 23, 2012

Mid-America Tablewares, Inc. v. Mogi Trading Co., Ltd. case brief

Mid-America Tablewares, Inc. v. Mogi Trading Co., Ltd.; (7th Cir., 1996); CB 90 n. 4; Notes 11
  • Facts: P contracted with D, Japanese mfr, for dinnerware. Contract contained detailed provisions about the lead composition of the glaze so that it would comply w/ American regulations. D failed to comply, couldn’t be sold in US. P had never sold dinnerware before. P sought lost profits.
  • Holding: D claimed that the only way to know with absolute certainty whether the dinnerware would have been successful in the marketplace would be if the line actually made it to shelves – Court says that the law does not require this sort of certainty.

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