Austin Instrument, Inc. v. Loral Corp.

316 N.Y.S.2d 528 (1970)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Austin Instrument, Inc. v. Loral Corp.

New York Supreme Court, Appellate Division
316 N.Y.S.2d 528 (1970)

Play video

Facts

Loral Corp. (defendant), a government contractor, placed orders from Austin Instruments (plaintiff) for parts needed for Navy radar sets. Subsequently Loral received an additional government contract for radar equipment. Austin offered to supply the parts needed for the new contract, but demanded retroactive price increases on the first contract and the right to furnish similar parts on the second contract. Negotiations for the second contract began and continued without successful resolution. Austin stopped work on the first contract and refused to continue unless Loral met its demands for the price increases and awarded it the second contract. During this time, Loral received deliveries of parts manufactured by Austin under the first contract. Austin eventually stopped work on the first contract. Loral contacted several other suppliers but did not attempt to procure items due under the first contract from these suppliers. Loral wrote Austin a letter advising that Loral faced severe consequences if it defaulted on its first contract and that it had no choice but to meet Austin’s conditions. Loral failed to pay the balance due on the delivered parts. Austin filed suit.

Rule of Law

Issue

Holding and Reasoning (Eager, J.)

Dissent (Steuer, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership