Contracts Keyed to Epstein
Acme Markets, Inc. v. Federal Armored Express, Inc.
Acme Markets, Inc. (Plaintiff) contracted for armored car service by Federal Armored Express, Inc. (Defendant). The contract was amended to include repayment of “service-related losses,” whereby Defendant was responsible for cash bags from the time the bags were “accepted and receipted for” by Defendant’s employees. One of Defendant’s employees was robbed. Plaintiff sued for breach of contract and Defendant first claimed that its employee had not accepted or receipted for the bag. Defendant then admitted that the employee had accepted the bag, however no receipt was issued.
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