Which contracts case... Forum

[RR320]

I'm thinking of a case where a buyer makes an order and the seller is only able to fulfill so much of it and then is able to ship the rest out at a later point but charges more because the price has changed and buyer accuses them of breaching the contract. Does anyone know the case name I am talking about or what exactly happens in these type of cases?

[ben4847]

I'm thinking of a case where a buyer makes an order and the seller is only able to fulfill so much of it and then is able to ship the rest out at a later point but charges more because the price has changed and buyer accuses them of breaching the contract. Does anyone know the case name I am talking about or what exactly happens in these type of cases?

Well, under the common law, it would be a breach of contract, and the buyer would only have to pay the original price. Under the UCC, I have no idea. My contracts professor thinks the UCC is stupid and juvenile.

[Cade McNown]

I'm thinking of a case where a buyer makes an order and the seller is only able to fulfill so much of it and then is able to ship the rest out at a later point but charges more because the price has changed and buyer accuses them of breaching the contract. Does anyone know the case name I am talking about or what exactly happens in these type of cases?

Sounds like Canadian Industrial Alcohol v. Dunbar Molasses (Cardozo decision).

Or maybe Corinthian Pharmaceuticals v. Lederle Labs, but that's a shipment as an accommodation not an acceptance.