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Contracts Keyed to Epstein
Fuji Photo Film USA, Inc. v. Zalmen Reiss & Associates, Inc.
Facts
Zalmen Reiss & Associates, Inc. (Defendant) agreed to buy 10,000 camera memory cards from Fuji Photo Film USA, Inc. (Plaintiff) for a price of $19.49 each. After selling about 4,000 of the cards, Defendant found out that another company was selling the cards at a wholesale price lower than what Plaintiff charged. As a result, Defendant was no longer able to sell at a profit the cards they had agreed to buy. Because of this, Defendant returned the remaining 6,000 memory cards to Plaintiff. Plaintiff did not authorize the return, and each party refused shipment of the memory cards at least once. Plaintiff eventually processed the return and paid Defendant for the returned memory cards at a discounted rate of $4.50 per card. Plaintiff then sold the remaining memory cards to a third party reseller. Plaintiff did not give Defendant notice that it planned to sell the memory cards at a discounted price.
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