From our private database of 14,200+ case briefs...
Office Pavilion S. Florida, Inc. v. ASAL Prods., Inc.
District Court of Appeal of Florida
849 So.2d 367 (Fla. Dist. Ct. App. 2003)
As a subsidiary of Herman Miller, Inc. (Herman Miller), Office Pavilion S. Florida, Inc. (Pavilion) (defendant) distributes Herman Miller office supplies and furniture. ASAL Products, Inc. (ASAL) (plaintiff) is an office supply company that sought to resell Herman Miller keyboards. ASAL negotiated a contract for keyboards with Gary Kemp, Pavilion’s sales manager. The contract specified that Pavilion would provide within thirty days as many keyboards as ASAL ordered, up to a maximum of 2,000 orders per month. ASAL was required to order at least 1,000 units per year. The unit prices were set forth in a separate writing. After the contract had been executed, ASAL sought to amend the contract to include the sale of Herman Miller chairs. By a letter drafted by Kemp and forwarded to ASAL, the parties agreed that the terms and conditions of the contract would govern the sale of the chairs, except for the delivery and quantity terms. The letter specified that Pavilion would supply ASAL with chairs within established lead times. The parties later executed an addendum that listed the price structure for the chairs. ASAL later ordered 2,480 chairs. Kemp informed ASAL that Pavilion would not fulfill the order. ASAL brought suit against Pavilion for breach of contract. The trial court ruled in favor of ASAL and awarded it $4,000,000.00 in damages.
Rule of Law
Holding and Reasoning (Warner, 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 97,000 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.
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 239,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.