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Contracts Keyed to Kunz
Internatio-Rotterdam, Inc. v. River Brand Rice Mills, Inc.
Citation:
259 F.2d 137 (2d Cir. 1958)Facts
Plaintiff was a purchaser and defendant a seller of rice. Plaintiff purchased 95,600 pockets of rice from defendant to be shipped in December, 1952, at Lake Charles and/or Houston. The contract contained a condition that delivery instructions must be given 14 days in advance of delivery for there to be a duty to ship. Plaintiff failed to give delivery instructions by December 17th, and defendant rescinded the contract on the grounds that since the 14-day window after the delivery instructions would necessarily result in a shipment outside the month of December – a material factor in the contract – the plaintiff had breached by failing to satisfy the condition.
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