Contracts Keyed to Calamari
Emanuel Law Outlines, Inc. v. Multi-State Legal Studies, Inc.
Emanuel Law Outlines, Inc. ("ELO") entered an agreement with Multi-State Legal Studies, Inc. ("Multi-State") to provide Multi-State with a criminal procedure outline supplement (the "Outline") by May 1, 1993. ELO delivered the outline on June 3, 1993. ELO contends that although delivery was late it performed its contractual obligation. ELO offers five arguments for this: "(1) Multi-State orally agreed to change the May 1, 1993 contractual deadline to early June 1993; (2) any alleged breach was cured under the terms of the contract; (3) any alleged breach by ELO caused by failing to meet the May 1, 1993 deadline was not material; (4) the nonconforming delivery did not substantially impair the value of the entire contract; and (5) Multi-State reinstated the contract by accepting the supplement without seasonably notifying ELO of the breach." Multi-State argues that ELO was in breach because they did not make the May 1, 1993 deadline and that it caused damage to Multi-State in the amount of $20,000. As to certain factual issues, the court found there was insufficient evidence to establish any change in the May 1st deadline. No writing evidenced this deadline change. Additionally, the court found ELO did not receive two letters sent via normal mail from Multi-State. One saying a delay in delivery of the supplement would be a material breach and the other canceling Multi-State's obligations because delivery was late.
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