Legal Opinion · Concurrence

Crest Ridge Construction Group, Inc. v. Newcourt Inc.

Court of Appeals for the Fifth Circuit

Decided February 27, 1996No. 94-41228Published

1Concurrence

BENAVIDES, Circuit Judge,

specially concurring:

Because I agree that the evidence is sufficient to support the jury’s verdict that a contract existed and that Neweourt breached it, I concur in the judgment. I write separately because I reach the same conclusion as the majority, but by a different path — one I believe is consistent with the general principles of contract law and the Uniform Commercial Code.

The majority accurately recaps the factual background of this dispute. Neweourt initially issued a price quote to J.B. & Associates. This was followed by an “add-on” price quote to Crest…

2Cases cited7 opinions

  1. Preston Farm & Ranch Supply, Inc. v. Bio-Zyme EnterprisesTexas Supreme Court · 1981
  2. Axelson, Inc. v. McEvoy-Willis, a Division of Smith International (North Sea), Ltd.Court of Appeals for the Fifth Circuit · 1993
  3. Quaker State Mushroom Co. v. Dominick's Finer Foods, Inc.District Court, N.D. Illinois · 1986
  4. Master Palletizer Systems, Inc. v. T.S. Ragsdale Co.District Court, D. Colorado · 1989
  5. Ladd (Raymond H.) v. Roberts (Raymond), Apple (Linden G.), Friesz (Douglas), Castello (David), Buford, Mills (j.t.), Chin, Davies (Steven J.)Court of Appeals for the Tenth Circuit · 1991

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