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Contracts Keyed to Ayres
Alaska Pacific Trading Co. v. Eagon Forest Products, Inc.
Citation:85 Wash.App. 354.
The parties entered into a contract in which the plaintiff would ship about 15,000 cubic meters of logs from Argentina to Korea between the end of July and the end of August. The market for logs began to worsen making the contract less appealing to the defendant. The plaintiff became concerned that the defendant would try and cancel the contract. The defendant and plaintiff went through a series of meeting discussing the contract. The defendant’s home office initially withheld approval of the shipment. At another business meeting, the the plaintiff’s manager asked the defendant’s manager whether he intended to accept the offer. After this meeting, the plaintiff’s manager believed that the defendant would not accept the shipment. The plaintiff canceled the vessel that it had reserved for the logs because it believed that the defendant was canceling the contract. The plaintiff did not ship the logs and it sent a final letter to the defendant stating that the defendant had breached the contract because it failed to take delivery of the logs.
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