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Connecticut Investment Casting Corp. v. Made-Rite Tool Co.

Massachusetts Supreme Judicial Court
416 N.E.2d 966 (1981)


Facts

Made-Rite Tool Co. (MR) (defendant) hired Connecticut Investment Casting Corp. (Casting) (plaintiff) to make barrel latches for a project MR was working on. Under the contract, Casting was supposed to ship 1,600 latches to MR by January 27. However, Casting only sent 74 latches by that date. MR contacted Casting on January 28 saying that Casting had breached the agreement, but MR would try to get an extension on its project. Ultimately, MR lost the project because MR did not meet the final deadline. Casting sent the remaining latches over the next four months. MR returned some of the latches to Casting to be fixed, and MR fixed some others itself. When MR did not pay Casting for the latches, Casting sued MR to recover the sales price. In response, MR sued Casting for damages caused when MR lost the project. The trial court found that Casting had breached the contract, but MR was not damaged by the breach. Therefore, the court ruled that neither party was entitled to recovery. Casting appealed, arguing that MR had accepted the latches and was required to pay for them.

Rule of Law

Issue

Holding and Reasoning (Hennessey, J.)

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