Hope's Architectural Products v. Lundy's Construction

781 F. Supp. 711 (1991)

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Hope’s Architectural Products v. Lundy’s Construction

United States District Court, District of Kansas
781 F. Supp. 711 (1991)

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Facts

On June 29, 1988, Hope’s Architectural Products (Hope) (plaintiff) contracted with Lundy’s Construction (Lundy) (defendant) and agreed to provide Lundy with 93 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 delivery. Hope immediately requested assurance from Lundy that Lundy would not back charge Hope for the late delivery or for any extra costs, but Lundy did not provide the requested assurance. Following the first demand for assurance, Hope made a second demand that Lundy pre-pay for the windows before delivery. Lundy did not pre-pay, and Hope did not deliver the windows. On November 7, 1988 Lundy cancelled the contract and found another supplier for windows. Hope sued demanding payment.

Rule of Law

Issue

Holding and Reasoning (Lungstrum, J.)

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