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Contracts Keyed to Epstein
Kvassay v. Murray
Citation:
15 Kan.App.2d 426, 808 P.2d 896 (1991)Facts
On February 22, 1984, Kvassay, who had been an independent insurance adjuster, contracted to sell 24,000 cases of baklava to Great American at $19 per case. The sales were to occur over a one-year period and Great American was to be Kvassay’s only customer. When Great American was being dishonored for insufficient funds, Kvassay stopped producing baklava because the Murrays refused to purchase any more of the product. In Aprial 1985, Kvassay filed suit for damages arising from the collapse of his baklava baking business. Kvassay claimed $105,000 in losses under the liquidated damages clause of the contract, representing $5 per case for approximately 21,000 cases of baklava which he was not able to deliver.
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