Legal Opinion
Canusa Corp. v. a & R LOBOSCO, INC.
District Court, E.D. New York
Decided November 26, 1997No. Civ. A. CV-94-3030(DGT)PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
TRAGER, District Judge.
This diversity action for breach of contract raises a surprisingly novel question: what is the effect of an estimate in an output contract when the supplier produces less than the stated estimate? I conclude that New York law would hold that good faith, rather than the stated estimate, would control whether a breach has occurred.
Background
Plaintiff Canusa seeks damages for lost sales as a result of an alleged breach of contract by defendants Loboseo as well as attorneys’ fees in connection with an equipment lease to Loboseo. The case was tried…
2Cases cited25 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Kenford Co. v. County of ErieNew York Court of Appeals · 1986
- John Hancock Mutual Life Insurance Co. v. Amerford International Corp.Court of Appeals for the Second Circuit · 1994
- Jacobson v. SassowerNew York Court of Appeals · 1985
- Bankers & Shippers Insurance v. Electro Enterprises Inc.Court of Appeals of Maryland · 1980
20 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Simcala, Inc. v. American Coal Trade, Inc.Supreme Court of Alabama · 2001
- Keyes Helium Company v. Regency Gas Services, L.P., Texas Court of Appeals, 5th District (Dallas)2012
- Dell's Maraschino Cherries Co. v. Shoreline Fruit Growers, Inc.District Court, E.D. New York · 2012
- MDC Corp., Inc. v. John H. Harland Co.District Court, S.D. New York · 2002
- RIJ PHARMACEUTICAL CORP. v. Ivax Pharmaceuticals, Inc.District Court, S.D. New York · 2004
10 more not listed; retrieve them via the Exa API.