Case brief p 258 - Case brief: P 158 MCC-Marble Ceramic...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Case brief: P 158 MCC-Marble Ceramic Center v. Ceramica Nuova D’ Agostino, S.P.A. 144 F. 3d 1384(11 th Cir. 1998) Facts: Florida company “MCC” and Italian manufacturer “D’Agostino” orally agreed on a sale of tiles. The agreed terms were placed on one of D’Agostino’ s standard preprinted order forms, but the executed forms were printed in Italian. When D’Agostino failed to satisfy a number of orders, MCC brought suit claiming his breach of the requirements contract. D’Agostino responded that because MCC had defaulted on payment for previous shipment, he have no obligation to obey the orders. MCC’s response was that the earlier tiles received by them were of a lower quality than required. D’Agostino used the reverse of the purchase order that complaint for defects must be made in writing. MCC argued the parties never intended the terms printed on the reverse of the order. Issue:
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 11/22/2011 for the course BUS 401 taught by Professor Terrywilson during the Spring '11 term at Solano Community College.

Page1 / 2

Case brief p 258 - Case brief: P 158 MCC-Marble Ceramic...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online