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Contracts Keyed to Epstein
Matec SLR v. Gramercy Holdings I, LLC
Citation:
2021 WL 1226956 (March 31, 2021)Facts
Matec sold two filter press sludge filtration machines to Noranda in 2017 for use in Noranda’s business manufacturing alumina. In July 2019, the two companies signed two additional contracts. The manufacture agreement expressly conditioned payment for the new filter presses on Matec’s performance under the agreement. Matec alleges that Noranda took a number of steps to thwart its performance under the agreement. Despite these obstacles, Matec notified Noranda that its work on the first two filter presses was complete. Noranda responded that it would make no further payments, but it continued to use the machines. Noranda sued Matec, alleging that Matec had failed to deliver filter presses or complete its contractual obligations. Matec then filed a suit, asserting claims for breach of contract and breach of implied obligation of good faith and fair dealing.
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