Corinthian v. Lederle

Corinthian v. Lederle - remaining 950 vials at lower price....

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Page: 166 Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Rule: Corinthian Pharm. Systems v. Lederle Labs US district ct Indiana (1989) J. McKinney The D., Lederle Labs had to self insure, so they decided to raise their costs. They notified their reps of price change effective May 20 th from $51.00 a vial to $171.00. Corinthian found out about this price change early and ordered 1000 vials @ $64.32 on May 19 th . Lederle sent them 50 vials at that price and a letter that stated that the rest would be at new price. Corinthian brought action for specific performance of the
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Unformatted text preview: remaining 950 vials at lower price. Whether Lederle agreed to sell Corinthian 1000 vials at 64.32 ea. Corinthians order of the 1000 vials was merely an offer, and the computer generated tracking # was not a valid form of acceptance. In the same respect, the fifty vials at the lower price was not considered an acceptance because of the notification of accommodation letter. Summary Judgement for D. granted When notification is properly made, shipment of nonconforming goods is treated as a counteroffer, not as acceptance to the original offer....
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Corinthian v. Lederle - remaining 950 vials at lower price....

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