Windows, Inc. v. Jordan Panel Systems Corp.

I fully concur in the result of the majority opinion and most of its reasoning. I am writing separately to make a point that I think is important but which has not been emphasized in the majority opinion.

The majority opinion analyzes whether the contract in this case was a “shipment” contract or a “destination” contract. It properly indicates that a shipment contract arises where “the seller is required ... to send the goods to the buyer and the contract does not require him to deliver them at a particular destination.” N.Y.U.C.C. § 2-504 (emphasis mine). On the other hand, a destination…