Legal Opinion
SewChez International Ltd. v. CIT Group/Commercial Services, Inc.
Court of Appeals for the Ninth Circuit
Decided November 13, 2009No. Nos. 08-56121, 08-56459Published
1Opinion of the Court
MEMORANDUM **
SewChez’s claims against CIT for fraud and breach of contract are premised on the theory that CIT’s prior waivers of its right to demand strict compliance with the terms of the letters of credit formed an implied contract between SewChez and CIT. This theory fails because the letters of credit expressly provide that past waivers of discrepancies create no obligation to waive discrepancies in the future. See also Cal. Com.Code § 5108, comment 7 UCC (“Waiver of discrepancies by an issuer or an applicant in one or more presentations does not waive similar discrepancies in a future…
2Cases cited5 opinions
- Peterson v. Cellco PartnershipCalifornia Court of Appeal · 2008
- Linear Technology Corp. v. Applied Materials, Inc.California Court of Appeal · 2007
- U. S. Industries, Inc. v. Second New Haven BankDistrict Court, D. Connecticut · 1978
- Mueller Company v. South Shore BankCourt of Appeals for the First Circuit · 1993
- Timber Falling Consultants, Inc. v. General BankDistrict Court, D. Oregon · 1990