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Contracts Keyed to Frier
MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D’Agostino, S.p.A.
Citation:
144 F.3d 1384 (1998)Facts
In 1990, Plaintiff’s president Monzon examined samples of Defendant’s tiles at a trade fair and agreed to purchase a certain quantity. Monzon spoke no Italian and communicated through a translator, an agent of Defendant. The parties stated that they had orally agreed on the price, quality, quantity, delivery, and payment and recorded the terms on one of Defendant’s standard order forms, which Monzon signed. In 1991, according to Plaintiff, they also entered into a requirements contract in which Defendant agreed to supply Plaintiff with tile at a discount if Plaintiff agreed to purchase a certain quantity, and Plaintiff completed several order forms requesting tile deliveries pursuant to that agreement. When Defendant failed to deliver, Plaintiff sued Defendant for breach of the 1991 contract. Defendant responded that it was under no obligation to fill Plaintiff’s orders because Plaintiff had defaulted on payment for previous shipments, citing a provision in Italian on the back of the order form that “default or delay in payment within the time agreed upon gives Defendant the right to . . . suspend or cancel the contract itself and to cancel possible other pending contracts.” Plaintiff appealed the grant of summary judgment to Defendant.
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Interpretation of the Contract