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Roser Technologies, Inc. v. Carl Schreiber

United States District Court for the Western District of Pennsylvania
2013 WL 4852314 (2013)


Facts

Carl Schreiber GmbH d/b/a/ CSN Metals (CSN) (defendant) was a copper manufacturer doing business in Germany. Roser Technologies, Inc. (Roser) (plaintiff) was a corporation doing business in the United States. In August 2011, CSN supplied Roser with two price quotes for copper-molding plates. CSN’s written quotations referred to standard conditions of sale available on CSN’s website. Additionally, CSN’s quotations included a requirement that Roser provide advanced payment if CSN could not obtain sufficient credit insurance for Roser’s order. In response to these quotations, Roser sent CSN purchase orders. CSN then sent order confirmations to Roser that again referred Roser to CSN’s online standard conditions of sale. In October 2011, CSN notified Roser that Roser would have to make advanced payment. Roser viewed CSN’s demand for advanced payment as a refusal to perform the parties’ contract, and Roser decided to purchase copper from a different supplier. Roser then sued CSN for breach of contract. CSN filed a counterclaim alleging breach of contract by repudiation. The parties filed cross-motions for judgment on the pleadings.

Rule of Law

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Issue

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Holding and Reasoning (Schwab, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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