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Jetpac Group, Ltd. v. Bostek, Inc.

United States District Court for the District of Massachusetts
942 F. Supp. 716 (1996)


Natashquan Korotia Systems (Natashquan) was a Canadian company in the business of supplying computers to Russian customers. Harmony, a Russian cooperative, agreed to purchase 3,000 computers from Natashquan for $1050 per computer. Natashquan advertised for a supplier to fill the order to Harmony. Jetpac Group, Ltd. (Jetpac) (plaintiff), a Louisiana company that typically sold food to foreign countries, responded to Natashquan’s advertisement. Jetpac entered into an agreement with Natashquan to supply Natashquan with computers for the Harmony order. Jetpac then entered into an agreement with Bostek, Inc. (Bostek) (defendant) to produce 100 computers as a trial run for satisfying the 3,000-computer order. When the computers arrived in Russia, Harmony found that many of the computers were defective. Natashquan and Jetpac rushed to ship 200 working computers to Harmony, but Harmony remained dissatisfied with the malfunctioning of the first 100 computers. As a result, Harmony refused to either: (1) pay in full for the 100-computer shipment or (2) buy the remaining 2700 computers. Jetpac sued Bostek for damages.

Rule of Law


Holding and Reasoning (O’Toole, J.)

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