GROSS VALENTINO PRINTING CO. V. CLARKE
458 N.E.2d 1027 (1983)
NATURE OF THE CASE: This was a breach of contract action. Clarke (D), publisher, sought
review of a decision, which granted summary judgment in favor of Gross (P), printer, in an
action by P for breach of contract.
FACTS: Gross (P) sued Clark (D) for a breach of contract over a dispute about the
printing of a magazine. Layout problems with the magazine were encountered but P had assured
D that the job could be done in house despite those problems. P informed D of a substantial
price increase for the job. D made no objection to the increase until a later date. P
delivered the first 5,000 magazines and D signed the purchase order reflecting the new price
and paid P $4,650. After receiving the balance of the 15,000 magazines, D informed P that he
would not pay the increased price. As a defense to the action, D asserted lack of
consideration, fraudulent or innocent misrepresentation, and business compulsion in defense.
P moved for a summary judgment and eventually the trial court granted P judgment of
$5,116.20. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment