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Forestal Guarani Sociedad Anonima v. Daros International Inc.

United States Court of Appeals for the Third Circuit
613 F.3d 395 (2010)


Facts

Forestal Guarani S.A. (Forestal) (plaintiff), an Argentinian company, orally agreed to sell wooden finger joints to Daros International, Inc. (Daros) (defendant), a New Jersey company. Daros failed to pay after receiving the finger joints. Forestal sued for breach of contract in New York state court, and Daros removed the case to the United States District Court for the District of New Jersey. The district court granted summary judgment for Daros, finding that the United Nations Convention on Contracts for the International Sale of Goods (CISG) required a written contract. Forestal appealed to the United States Court of Appeals for the Third Circuit.

Rule of Law

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Issue

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Holding and Reasoning (Fisher, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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