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Peavey Electronics Corp. v. Baan U.S.A., Inc.
Mississippi Court of Appeals
10 So. 3d 945 (2009)
Peavey Electronics Corporation (Peavey) (plaintiff) purchased software and software support from Baan U.S.A., Incorporated (Baan) (defendant). After four years had passed since the initial agreement between Peavey and Baan, Peavey brought suit against Baan, alleging its software was defective and had caused tens of millions of dollars in damages. However, Peavey had never attributed its software problems to a defect in Baan’s design over the course of the four years. A Peavey employee did request money back from Baan at one point, but it was part of negotiations for future contracts, not because any software was defective. Baan moved for summary judgment, arguing that Peavey failed to provide timely notice of breach as required by Uniform Commercial Code (UCC) § 2-607(3)(a). The trial court granted summary judgment in favor of Baan. Peavey appealed to the Mississippi Appellate Court.
Rule of Law
Holding and Reasoning (Myers, J.)
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