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Contracts Keyed to Jimenez
MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D’Agostino, S.P.A.
Facts
MCC-Marble Ceramic Center, Inc. (MCC) (plaintiff) was a Florida enterprise involved with the retail sale of tiles, and Ceramica Nuova d'Agostino, S.P.A. (D'Agostino) (defendant) was an Italian organization involved with the manufacture of ceramic tiles. In 1990 MCC's director Monzon inspected samples of D'Agostino's tiles at a trade fair and consented to buy a specific amount. Monzon spoke no Italian and communicated through an interpreter, an agent of D'Agostino. The parties expressed that they had orally agreed on the price, quality, quantity, delivery, and payment and recorded the terms on one of D'Agostino's standard order forms, which Monzon signed. In 1991, as indicated by MCC, they additionally went into a requirements contract in which D'Agostino consented to supply MCC with tile at a discount if MCC consented to buy a specific amount, and MCC completed several order forms asking for tile deliveries pursuant to that agreement. When D'Agostino neglected to deliver, MCC brought suit for breach of the 1991 contract. D'Agostino responded that it was under no commitment to take care of MCC's orders in light of the fact that MCC had defaulted on payment for past shipments, referring to a provision in Italian on the back of the order form that “default or delay in payment within the time agreed upon gives D'Agostino the right to . . . suspend or cancel the contract itself and to cancel possible other pending contracts.” MCC appealed the grant of summary judgment to D’Agostino.
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