Kelly v. United Parcel Service, Inc.

In December 2008, Jerry E. Kelly contracted with United Parcel Service, Inc. (“UPS”), to ship two Rolex watches and a diamond bracelet1 from Missouri to Louisiana, C.O.D., by next day air service. He paid $178.95 for the option of “C.O.D. $10,796.32, Guaranteed.” On delivery of the watches and bracelet, UPS collected a cashier’s check payable to “Gary E. Kelly,” and delivered that check to Kelly. Kelly sued UPS in circuit court for breach of contract. Following a trial to the court, the trial court entered judgment in favor of Kelly in the amount of $10,796.32.

The parties stipulated orally…