Legal Opinion
Klein v. PepsiCo, Inc.
Court of Appeals for the Fourth Circuit
Decided April 25, 1988No. Nos. 87-1086(L), 87-1094 and 87-1095PublishedCited by 37 opinions
1Opinion of the Court
ERVIN, Circuit Judge:
This case turns on whether a contract was formed between Universal Jet Sales, Inc. (“UJS”) and PepsiCo, Inc., (“PepsiCo”) for the sale of a Gulfstream G-II corporate jet to UJS for resale to one Eugene V. Klein. If a contract was formed, the question remains whether the district court acted within his discretion by ordering specific performance of the contract. We believe the district court properly found that a contract was formed; however, we conclude that the remedy of specific performance is inappropriate. Accordingly, we affirm in part, reverse and remand in part.
I
In…
2Cases cited8 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Fed. Sec. L. Rep. P 99,667 Reprosystem, B v. and N. Norman Muller, and Cross-Appellants v. Scm Corporation, and Cross-AppelleeCourt of Appeals for the Second Circuit · 1984
- Skycom Corporation and Gerald M. Walters v. Telstar CorporationCourt of Appeals for the Seventh Circuit · 1987
- Jerry S. Davis, and James O. Slice and Jack L. Pforr v. Food LionCourt of Appeals for the Fourth Circuit · 1986
- Robert E. Horner v. Richard L. Bourland and Barbara Jane BourlandCourt of Appeals for the Fifth Circuit · 1984
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3Cited by37 opinions
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- Horowitch v. DIAMOND AIRCRAFT INDUSTRIES, INC.Court of Appeals for the Eleventh Circuit · 2011
- Sheet Metal Workers' International Association Local 19 v. Herre Bros., Inc.Court of Appeals for the Third Circuit · 1999
- King Aircraft Sales, Inc. v. LaneCourt of Appeals of Washington · 1993
- Ekweani v. ThomasDistrict Court, D. Maryland · 2017
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