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· 1/21/1985

Delano Growers' Cooperative Winery v. Supreme Wine Co.

Citations

  • 473 N.E.2d 1066
  • 393 Mass. 666
  • 40 U.C.C. Rep. Serv. (West) 93
  • 1985 Mass. LEXIS 1211

How courts have described this case

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

  • holding that when parties “consistently follow[] the same procedure” for many years, there is a “clearly established . . . course of dealing between [the parties]”
  • incidental damages allow re covery of buyer’s reasonable expenses incurred in handling rejected defective goods
  • where parties used same procedure for processing wine for approximately five years, this established “a course of dealing” which defined the parties’ contractual obligations
  • “One purpose of the notice requirement ... is to inform the seller of a breach and allow for settlement through negotiation.”
  • notice is sufficient if it allows the seller to infer that the buyer is asserting its legal rights
  • revocation of non-conforming wine allowed where wine was identified as seller’s wine, and there was no issue that the wine had been mixed with some other wine or substance

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Lucos, Nolan, Lynch, O'Connor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.