Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

M+W Zander, U.S. Op. v. Scott Co. of Cal.

Oregon Court of Appeals
78 P.3d 118 (2003)


Facts

Scott Company (defendant) contracted to buy construction equipment from M+W Zander (M+W) (plaintiff). M+W’s delivery of the equipment was late, and the equipment’s condition was subpar. The parties agreed to modify the contract, reducing the purchase price for Scott. The supplemental purchase order requested written acknowledgment, but it stated that written confirmation or commencing performance constituted acceptance of the new offer. On June 26, 1997, M+W billed Scott for the reduced purchase price. On August 7, 1997, M+W signed the new purchase order. Under the agreement’s terms, payment was due 45 days after execution of the agreement. On August 24, 2001, M+W sued Scott for failure to pay the purchase price. The trial court ruled in favor of Scott, finding that the modified contract was formed on June 26, 1997, establishing Scott’s payment deadline, 45 days thereafter, as August 11, 1997. Given this, the trial court ruled that M+W’s suit was barred by the four-year statute of limitations, which expired on August 10, 2001. M+W appealed.

Rule of Law

Issue

Holding and Reasoning (Schuman, J.)

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 496,000 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 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 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.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial