From our private database of 30,900+ case briefs...
MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D'Agostino, S.P.A.
United States Court of Appeals for the Eleventh Circuit
144 F.3d 1384 (1998)
MCC-Marble Ceramic Center, Inc. (MCC) (plaintiff) was a Florida corporation engaged in the retail sale of tiles, and Ceramica Nuova d'Agostino, S.P.A. (D’Agostino) (defendant) was an Italian corporation engaged in the manufacture of ceramic tiles. In 1990 MCC's president Monzon examined samples of D'Agostino’s tiles at a trade fair and agreed to purchase a certain quantity. Monzon spoke no Italian and communicated through a translator, an agent of D'Agostino. The parties stated that they had orally agreed on the price, quality, quantity, delivery, and payment and recorded the terms on one of D'Agostino's standard order forms, which Monzon signed. In 1991, according to MCC, they also entered into a requirements contract in which D'Agostino agreed to supply MCC with tile at a discount if MCC agreed to purchase a certain quantity, and MCC completed several order forms requesting tile deliveries pursuant to that agreement. When D'Agostino failed to deliver, MCC brought suit for breach of the 1991 contract. D'Agostino responded that it was under no obligation to fill MCC's orders because MCC had defaulted on payment for previous shipments, citing a provision in Italian on the back of the order form that “default or delay in payment within the time agreed upon gives D'Agostino the right to . . . suspend or cancel the contract itself and to cancel possible other pending contracts.” MCC appealed the grant of summary judgment to D’Agostino.
Rule of Law
Holding and Reasoning (Birch, J.)
What to do next…
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 552,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
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.Learn about our approachRead more about Quimbee
Here's why 552,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 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.