Rienzi & Sons, Inc. v. I Buonatavola Sini S.R.L.

2021 WL 5013795 (2021)

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Rienzi & Sons, Inc. v. I Buonatavola Sini S.R.L.

United States District Court for the Eastern District of New York
2021 WL 5013795 (2021)

Facts

Rienzi & Sons, Inc. (Rienzi) (plaintiff) ordered a large amount of pecorino cheese from I Buonatavola Sini S.R.L. (Buonatavola) (defendant). There was a written contract for the sale of pecorino that was signed by Buonatavola and specified the quantity of pecorino that Buonatavola sent Rienzi. Although the written contract plainly required Rienzi to pay Buonatavola by a specific date, an oral agreement stated that Rienzi was responsible for paying Buonatavola only if Rienzi could successfully resell the pecorino. Rienzi never complained about the written contract and provided no explanation as to why this contract was not a final expression of the parties’ agreement. After Rienzi was unable to resell the pecorino due to its poor quality, Rienzi brought a breach-of-contract claim against Buonatavola. The district court took the matter under advisement.

Rule of Law

Issue

Holding and Reasoning (Korman, J.)

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