Contracts Keyed to Farnsworth
Cyberchron v. Calldata Systems Development, Inc
Grumman sent a purchase order form to Plaintiff that set forth certain weight specifications. Defendant never accepted the purchase order terms but previously commenced constructing some of the equipment prior to any agreement regarding the equipment. Grumman, in June, sent a letter encouraging Plaintiff to continue to perform the production of the equipment to continue its contractually binding obligations under the purchase order. Trial court found that Grumman encouraged Plaintiff to continue even though the weight issue had not been resolved. Around July 30, Plaintiff requested a “progress payment” encompassing costs incurred and overhead incurred up until that point. Grumman did not pay the cost because of a court order against both Grumman and Defendant in another suit that barred payments made between them. No agreement was ever achieved and Defendant terminated the purchase order for default effective immediately.
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