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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/seccontract0187 and id is 1 raw text is: 





                                  CONTRACTS 2D



  Generally

  C.A.1, 2018. Cit. generally in sup. and in cases cit. and quot. in sup. In a dispute arising from a failed
  deal concerning the sale of rail-freight cars, the district court granted seller's motion to dismiss, and this
  court vacated and remanded, holding that buyer adequately pleaded a claim for breach of contract by
  seller under Massachusetts law, which followed the Restatement Second of Contracts. The court noted
  that neither party argued that any law applied other than Massachusetts' common law of contracts or that
  Massachusetts law on the formation of commercial contracts differed in any material manner from the
  law of contracts set forth in the Restatement. APB Realty, Inc. v. Georgia-Pacific LLC, 889 F.3d 26, 28,
  29.



                               CHAPTER 1. MEANING OF TERMS

  § 1. Contract Defined

  D.Md.2018. Quot. in treatise quot. in disc. Physician brought an action against medical-device
  developer, alleging, among other things, that, in breach of an agreement between the parties, plaintiff
  was not adequately compensated for his experimental work to improve, market, and promote the device.
  This court granted in part and denied in part the parties' motions for judgment on the pleadings, holding,
  inter alia, that plaintiff sufficiently pleaded a claim for breach of express contract and implied-in-fact
  contract for underpayment of hourly consulting fees but not for the denial of an equity-ownership
  package. In discussing Maryland law on contract formation and interpretation, the court quoted
  Restatement Second of Contracts § I to define contract. Kantsevoy v. LumenR LLC, 301 F.Supp.3d
  577,594.

  W.D.Wis.2018. Quot. in sup. In Chapter 11 proceedings for debtor that was in the business of selling
  sweetened and dried cranberries, creditor, which purchased and received seven loads of cranberries from
  debtor under an exclusive-sales agreement but had not yet paid for certain of the loads for which
  payment was not yet due, filed a motion to approve recoupment or to exercise right of setoff, alleging
  that debtor failed to deliver ten additional loads to creditor pursuant to its subsequent purchase order
  under the agreement. This court granted summary judgment for debtor, holding that, while the
  agreement was a binding and enforceable contract and the parties discussed the possibility of more
  loads, their minds met only on the seven original loads and the exclusivity provision. The court relied
  on the definitions of contract, offer, and acceptance set forth in Restatement Second of Contracts
  §§ 1, 24, and 50, in explaining that debtor's offer did not contemplate or specify terms for any additional
  loads beyond the first seven and creditor only manifested its assent to buy the first seven loads of
  cranberries under the specified terms. In re Cranberry Growers Cooperative, 588 B.R. 50, 55.

  § 2. Promise; Promisor; Promisee; Beneficiary



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            For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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