Moulton Cavity & Mold, Inc. v. Lyn-Flex Industries, Inc.

396 A.2d 1024 (1979)

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Moulton Cavity & Mold, Inc. v. Lyn-Flex Industries, Inc.

Maine Supreme Judicial Court
396 A.2d 1024 (1979)

  • Written by Robert Cane, JD

Facts

Moulton Cavity & Mold, Incorporated (Moulton) (plaintiff) and Lyn-Flex Industries, Incorporated (Lyn) (defendant) entered into an oral contract. Lyn was to purchase 26 innersole molds from Moulton. The presidents of the two companies discussed the deal. They ultimately agreed on a price of $600 per mold. Lyn’s president indicated time was of the essence. Mouton’s president said that the entire order would be done in five weeks. Moulton encountered problems designing the molds. Ten weeks after the oral agreement was made, Lyn’s president visited the Moulton plant. The molds were still not properly designed. Moulton personnel indicated that no further modification would be done to the design of the mold to get it to conform to the specifications of the original agreement. Lyn arranged to have the molds produced by a different company for $650 per mold. Moulton eventually billed Lyn. Lyn refused to pay. Moulton sued Lyn for payment. Lyn counterclaimed for its cost in obtaining conforming goods. At trial, the judge instructed the jury on substantial performance. The jury returned a verdict for Moulton. Lyn appealed.

Rule of Law

Issue

Holding and Reasoning (Delahanty, J.)

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