Afram Export Corp. v. Metallurgiki Halyps, SA
United States Court of Appeals for the Seventh Circuit
772 F.2d 1358 (1985)
- Written by David Bloom, JD
Facts
Afram Export Corp. (Afram) (plaintiff), a Wisconsin corporation, exported scrap metal. Afram entered into a contract with Metallurgiki Halyps, SA (Metallurgiki) (defendant), a Greek steel maker. Metallurgiki had an office in New York but did not have an office, employees, or assets in Wisconsin. Metallurgiki agreed to purchase clean scrap at a fixed price per ton to be delivered in Wisconsin. Afram agreed to pay the expenses of Shields, an agent of Metallurgiki, to inspect the scrap for cleanliness prior to shipment. Shields briefly visited Wisconsin for the inspection and was the only representative of Metallurgiki to do so. Wisconsin provided protection and other services for the facilities where Metallurgiki was to take possession and provided protection when Shields came to inspect the scrap. Shields told Afram that the scrap was clean but that Metallurgiki would not accept it because scrap prices had fallen. Afram filed suit against Metallurgiki in Wisconsin district court after Metallurgiki refused to accept the scrap. Metallurgiki unsuccessfully challenged the court’s jurisdiction over Metallurgiki. Afram was awarded a monetary judgment, and Metallurgiki appealed from the judgment.
Rule of Law
Issue
Holding and Reasoning (Posner, J.)
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