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Industrial Molded Plastic Products, Inc. v. J. Gross & Son, Inc.

Pennsylvania Superior Court
398 A.2d 695 (1979)


J. Gross & Son, Inc. (Gross) (defendant) was a wholesaler of goods for clothing retailers. A small part of Gross’s business included selling plastic clothing clips. A Gross employee ordered five million clips from Industrial Molded Plastic Products, Inc. (Industrial Molded) (plaintiff) without proper authorization. The employee picked up one delivery of 772,000 clips, but had trouble selling them. Rather than admit the bad purchase, the employee refused to pick up the other four million clips. After the clips sat around for months without payment, Industrial Molded sued Gross. The trial court entered judgment in favor of Industrial Molded. However, the court only awarded damages for lost profits, because the trial court found that Industrial Molded did not make a reasonable attempt to resell the clips. Industrial Molded appealed, arguing that damages should have been based on the balance due on the contract price.

Rule of Law


Holding and Reasoning (Hoffman, J.)

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