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Contracts Keyed to Whaley
PFT Roberson, Inc. v. Volvo Trucks North America, Inc.
Citation:
42 F.3d 728 (7th Cir 2005).Facts
A party sent Plaintiff a notice, terminating their relationship. Litigation erupted between the parties. Meanwhile, Plaintiff went shopping for another supplier and approached Defendant. Plaintiff and Defendant discussed a multi-year, $84 million arrangement during which lengthy drafts were exchanged. Many “master agreements” were drafted; none were signed.
The original party and Plaintiff eventually repaired their relationship and extended their agreement. Plaintiff then sued Defendant for breach of contract and fraud. According to Plaintiff, an email containing 572 words is the contract that Defendant breach and the fraud consisted of Defendant’s efforts to negotiate additional or revised terms after sending the email.
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