· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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