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Corinthian Pharmaceutical Systems, Inc. v. Lederle Laboratories
Facts
Defendant announced a price of vaccine would increase to $171 per vial to its sales people on May 19, 1986 effective May, 20 1986. Plaintiff received knowledge of the price increase prior to the announcement to customers which was dated May 20, 1986. Plaintiff immediately ordered 1000 vials in response and on each order and in confirmation of the order stated that it would receive the vaccine at a price of $64 per vial. Defendant shipped 50 vials at the $64 price on June 3 and informed that the balance would be shipped at $171 per vial on June 16.
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