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Contracts Keyed to Whaley
Emirat AG v. High Point Printing LLC
Citation:
United States District Court for the Eastern District of Wisconsin, 2017. 248 F. Supp.3d 911.Facts
Emirat AG (Plaintiff) is a company registered in Germany for risk management and related promotional aspects. Sabafon is a telephone services company who hired plaintiff to print 25 million scratch-off phone cards with promotional games and prizes that required matching six of 12 scratch-off boxes to win. High Point Printing (Defendant), who subcontracted to co-defendant WS Packaging Group, Inc. (Defendant) was hired by plaintiff to print the cards. WS guaranteed the accuracy of the printing but not the scratch-off game construction. Letters of indemnification between WS and High Point provided that any action by the buyer had to be brought within one year of delivery of the cards. Defendant printed and shipped two batches of scratch-off cards, however both batches “candled” meaning the pin numbers for the games were readable with light behind the cards.
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