Hope’s Architectural Products v. Lundy’s Construction
United States District Court, District of Kansas
781 F.Supp. 711 (1991)
On June 29, 1988, Hope’s Architectural Products (Hope) (plaintiff) contracted with Lundy’s Construction (Lundy) (defendant) and agreed to provide Lundy with ninety-three windows by October 24, 1988. Hope was late in delivering the windows and on November 1, 1988, Lundy called to inquire about the windows. Lundy threatened a back charge of $11,000 because of Hope’s late payment. Hope immediately requested assurance from Lundy that Lundy would not back charge Hope for the late delivery or for any extra costs. Following the first demand for insurance, Hope made a second demand that Lundy pre-pay for the windows before delivery. On November, 7, 1988 Lundy cancelled the contract and found another supplier for windows. Hope sued demanding payment.
Rule of Law
Holding and Reasoning (Lungstrum, J.)