Logourl black
From our private database of 14,000+ case briefs...

General Trading International v. Wal-Mart Stores

United States Court of Appeals for the Eighth Circuit
320 F.3d 831 (2003)


Facts

Wal-Mart Stores (defendant) agreed to buy 250,000 reindeer made of grapevines from General Trading International (GTI) (plaintiff). When Wal-Mart received the first shipment of reindeer, Wal-Mart discovered that a large percentage of the reindeer were defective and canceled future deliveries. Wal-Mart then met with GTI to discuss the poor quality of the reindeer. Initially, the parties agreed that Wal-Mart would withhold $400,000 of the amount due to GTI to cover customer returns. Subsequently, Wal-Mart marked down the retail price of the reindeer because sales were low. On September 30, a Wal-Mart representative emailed GTI saying, “I’m going to change the reserve on the account to $600,000.” Wal-Mart received no response to the September 30 email. In November, GTI contacted Wal-Mart to complain about Wal-Mart’s past-due payments. Wal-Mart responded that the parties had both agreed to the $600,000 hold, which covered both returns and markdowns. GTI promptly objected to Wal-Mart’s claim to the $600,000 hold and sued Wal-Mart for breach of contract. Wal-Mart counterclaimed. GTI filed a motion for partial summary judgment, arguing that the Uniform Commercial Code (UCC) statute of frauds rendered Wal-Mart’s purported contract modification ineffective. The trial court granted CTI’s motion for partial summary judgment, and Wal-Mart appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Bowman, J.)

The holding and reasoning section includes:

  • 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.).

To access this section, please start your free trial or log in.

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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  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. Read more about Quimbee.

Here's why 176,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.