From our private database of 30,900+ case briefs...
By-Lo Oil Co., Inc. v. ParTech, Inc.
United States Court of Appeals for the Sixth Circuit
11 F. App'x. 538 (2001)
ParTech, Incorporated (ParTech) (defendant) supplied By-Lo Oil Company (By-Lo) (plaintiff) with software used to manage By-Lo’s various businesses. The contract between the parties stated that ParTech would provide By-Lo with ongoing monthly support and maintenance of the software to ensure that it would be compliant for the year 2000, referred to as Y2K. On January 7, 1998, a By-Lo executive wrote to ParTech demanding details of when and how ParTech would make By-Lo’s software Y2K compliant before December 31, 1999. The By-Lo executive was told by ParTech that the company was reviewing data and information about how to make the software Y2K compliant and that By-Lo would be immediately informed once a decision had been made. Concerned that it was running out of time, By-Lo purchased a new Y2K compliant computer hardware and software system in mid-1998. Unaware of By-Lo’s purchase, ParTech informed By-Lo that it would supply the needed software at no cost. Subsequently, ParTech sent By-Lo the necessary software with detailed instructions for loading it, but because By-Lo had purchased a different system, it did not install the software. By-Lo filed suit against ParTech in Michigan state court alleging ParTech’s actions amounted to an anticipatory breach of the contract under Michigan’s Uniform Commercial Code (UCC) §§ 2-609 and 2-610. ParTech removed the suit to federal district court and filed a motion for summary judgment. The district court granted ParTech’s motion and held that there was no basis to believe that ParTech had breached the contract under §§ 2-609 or 2-610. By-Lo appealed.
Rule of Law
Holding and Reasoning (Kennedy, J.)
What to do next…
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 554,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
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.Learn about our approachRead more about Quimbee
Here's why 554,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 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.