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Contracts Keyed to Ayres
Corinthian Pharmaceutical Systems, Inc. v. Lederle Laboratories
Citation:724 F.Supp. 605.
The Defendant manufactured and sold a DTP vaccine for several years, and the Plaintiff was a regular buyer. The Defendant normally issued a price list to customers, clearly stating that the quotes were not offers, that orders were subject to further acceptance by the Defendant, and that prices reflected the status at publication of the list and were subject to change without notice. Due to external conditions, the Defendant saw it necessary to drastically increase the price of the vaccine. Prior to the date of the increase, Plaintiff discovered the imminent increase in price, and placed a large order of 1000 vaccines at $64.32, the lower price. The Defendant did ship 50 vaccines at the lower price, but noted that it was only doing so out of accommodation, that the rest of the shipment would be charged at the new higher price or $171.00, and gave the Plaintiff the opportunity to withdraw the remainder of the order. The Plaintiff sued for specific performance of the remainder of the order.
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