ALASKA PACIFIC TRADING COMPANY V. EAGON FOREST PRODUCTS, INC.
933 P.2d 417 (1997)
NATURE OF THE CASE: Alaska (P) appealed an award of summary judgment to Eagon (D),
purchaser of logs from P, in P's breach of contract action.
FACTS: P and D entered into a contract where P would ship about 15,000 cubic meters of
logs from Argentina to Korea between the end of July and the end of August 1993. D agreed to
purchase the logs. The market for logs began to soften, making the contract less attractive
to D. P became concerned that D would try to cancel the contract. D stated internally that
it would attempt to avoid acceptance of the logs, but that it would be difficult and
suggesting that they hold P responsible for shipment delay. On August 23, D received a faxed
latter from P suggesting that the price and volume of the contract be reduced. D did not
respond to the fax. P admitted to D that there was trouble getting approval. P thereafter
believed D would not accept the shipment. P eventually canceled the vessel that it had
reserved for the logs because it believed that D was canceling the contract. The logs were
not loaded or shipped by August 31, 1993. Talks continued between the agents of each. By
September 27, P had not shipped the logs. It sent a final letter to D stating that D had
breached the contract because it failed to take delivery of the logs. D's president,
responded to the letter, stating that there was 'no contract' because P's breach excused D's
performance. P filed a complaint for breach of contract and D brought a motion for summary
judgment. The trial court granted the motion and dismissed P's claims. P's motion for
reconsideration was denied. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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