SUN PRINTING & PUBLISHING ASS'N V. REMINGTON PAPER &POWER CO., INC.
139 N.E. 470 (1923)
NATURE OF THE CASE: Remington (D) appealed from an order that reversed a denial of Sun's
(P) 's motion for judgment on the pleadings in a breach of contract action.
FACTS: Sun Printing (P) agreed to buy and Remington (D) agreed to sell paper with monthly
deliveries taking place over 15 months. The initial price points were agreed upon but when
it came time to agree upon a new price the parties had a falling out. D gave notice that the
contract was imperfect and disclaimed any future obligation to deliver. P demanded that D
perform and claimed that the price to be agreed upon was an established and fixed price; no
higher than the contract price for new print charged by the Canadian Export Paper Company to
the large consumers. P sued.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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