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Migerobe, Inc. v. Certina USA, Inc.

United States Court of Appeals for the Fifth Circuit
924 F.2d 1330 (1991)


Certina USA, Inc. (Certina) (defendant) manufactured watches. Migerobe, Inc. (plaintiff) contacted a Certina salesman, Gerald Murff, about purchasing a large portion of Certina’s inventory at reduced prices. Migerobe agreed to purchase, and Murff agreed to sell, over 2,000 Certina watches at a special price of $45 per watch. A signed internal memorandum from Certina’s vice president of retail sales to its chief financial officer stated that Murff “has been authorized to sell” Certina watches to Migerobe at the special $45 price. Another signed memorandum to Certina employees announced a new promotion code that was set up to cover the special Migerobe order. An unsigned order form from Certina listed the quantity, styles, and prices of the watches ordered by Migerobe. Certina’s national accounts manager later told Migerobe that it would not ship the watches that Migerobe had ordered. Migerobe sued for repudiation of the contract. The jury found that Certina had breached its contract and awarded a judgment for damages to Migerobe. Certina appealed, arguing that Migerobe did not present any writings sufficient to satisfy the statute of frauds.

Rule of Law


Holding and Reasoning (Thornberry, J.)

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