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D.P. Technology Corp. v. Sherwood Tool, Inc.

United States District Court for the District of Connecticut
751 F. Supp. 1038 (D. Conn. 1990)


Sherwood Tool, Inc. (Sherwood) (defendant) ordered a custom computer from D.P. Technology Corp. (DP) (plaintiff). The computer system included both hardware and software. The contract said that the computer would be delivered in 10 to 12 weeks. DP delivered the software on time, but the hardware arrived 16 days late. Sherwood returned the hardware and software and refused to pay. DP sued Sherwood for beach of contract, and Sherwood moved to dismiss. Sherwood argued that because DP missed the delivery date, Sherwood was not required to accept delivery.

Rule of Law


Holding and Reasoning (Nevas, J.)

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