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Republic Bank v. West Penn Allegheny Health System

2012 WL 1223933 (2012)

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Republic Bank v. West Penn Allegheny Health System

United States Court of Appeals for the Tenth Circuit
2012 WL 1223933 (2012)

RW

Facts

This case involved the following sequence of communications: (1) Republic Bank, Inc. (Republic) (plaintiff) left a voice mail inquiring whether West Penn Allegheny Health System, Inc. (West Penn) (defendant) had any interest in purchasing medical equipment in Republic’s possession; (2) West Penn emailed an offer to buy the equipment for $676,500; (3) Republic sent an emailed approval of West Penn’s offer; (4) West Penn emailed its acknowledgement of Republic’s approval, noting a need to iron out some details before a sales contract could be signed; (5) Republic emailed a draft contract; (6) the parties exchanged a series of emails and phone calls in which Republic pressed for completion of the deal; (7) in a final phone call, West Penn repudiated the deal on the grounds that it had not signed a contract, and Republic insisted that the parties had a binding sales agreement. Following this final phone call, Republic auctioned off the equipment and sued West Penn for the difference between the auction price of $350,000 and the previously agreed price of $676,500. The federal district court entered judgment for Republic. West Penn appealed to the Tenth Circuit.

Rule of Law

Issue

Holding and Reasoning (Tymkovich, J.)

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