EASTERN DENTAL CORP. V. ISAAC MASEL CO.
502 F. Supp. 1354 (1980)
NATURE OF THE CASE: This was a dispute over dental products.
FACTS: Eastern Dental Corp. (P) was incorporated to be a distributor of dental products
used in orthodontics. Masel (D) was a manufacturer distributor of dental products and
instruments. D sold facebows, elastics, lingual buttons, cleats and metal bases to P. D
manufactured products for P that were labeled as P's. During a four-year relationship, the
parties did business on the basis of invoices and statements; there was no written
agreement. In 1976, P got complaints about the quality of the facebows. In 1977, P began to
manufacture elastics, a product it had purchased from D. D then discussed a possible
takeover of P but no written offer was ever made. In March 1978, P submitted orders to D
that was not filled and eventually D wrote P informing them that he no longer cared for
their business. P experienced great difficulty in finding alternative sources and could not
find a source for facebows or metal bases. P did find a source for buttons and cleats but
the price was too prohibitive. P sued D. D moved for a summary judgment on the statute of
frauds.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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