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Contracts Keyed to Farnsworth
Figgie International, Inc. v. Destileria Serralles, Inc.
Citation:
190 F.3d 252Facts
Destileria Serralles, Inc. (“Destileria”) (defendant) entered into a written agreement with Figgie International, Inc. (“Figgie”) (plaintiff) to receive bottle-labeling equipment. Figgie installed the equipment but Destileria immediately experienced problems with it. Figgie attempted to repair the equipment with little success. Destileria requested that Figgie pay for alleged losses caused by the equipment’s failure to perform as expected. The two companies were unable to reach a compromise and Figgie instituted a declaratory judgment action. Figgie asserted that Destileria’s remedy for breach was limited to repair, replacement, or return. Figgie was unable to produce the original sales agreement and had to rely on its standard terms and conditions. Destileria, on the other hand, had its own copy of the agreement which referenced additional terms printed on the reverse side. The reverse side of the page, however, was blank. The trial court granted summary judgment in favor of Figgie.
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