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· 7/11/1975

Bunge Corporation, a Corporation v. H. A. Recker

Citations

  • 519 F.2d 449
  • 17 U.C.C. Rep. Serv. (West) 400
  • 1975 U.S. App. LEXIS 13745

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • determining that lack of good faith must be pleaded affirmatively under FRCP 8(c) and that bad faith falls as a subset of fraud which is specifically enumerated under the rule to be pleaded affirmatively
  • “lack of good faith” is closely associated with fraud or constructive fraud and would fall within the fraud, as well as the catch-all, provision of Rule 8(c)
  • where contract did not identify beans other than by kind and amount, destruction of portion of farmer’s crop by weather did not constitute act of God which would excuse performance
  • buyer extended pursuant to contract clause when, seller failed to deliver

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibson, Bright, Kilkenny

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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