preview

Case Study : Sydney Cloud Case

Decent Essays

Sydney Cloud Case Study Business Law 3310 Dr. Stanley F. Seat Name and Citation Contract Freighters, Inc., V. J.B. Hunt Transport, Inc. 245 F.3d 660, 52 ERC 1349 Decided on April 3, 2001 Court This decision was held at the district level with the Honorable Gary A. Fenner of the United States District Court of the Western District of Missouri as the judge on the case. Judicial History In order to determine which party to rule in favor of, the court must look back to prior rulings to discover what is the appropriate decision for the case at hand. One reference that was brought from the Farmland Indus., Inc. v. Frazier-Parrott Commodities case (111 F.3d 588, 590 (8th Cir. 1997)) was, "Under Missouri law [a court] must enforce a …show more content…

Foster case (897 S.W.2d 80, 86 (Mo. Ct. App. 1995)) saying that, "if the seller decides to resell in a reasonable time after the breach, the price obtained is some evidence of the market value." By referencing this case, the court is able to rule on the secondary issue brought up by the defendant. The district court, to insure consistency with the law, uses precious rulings to help guide their decision. Facts A Missouri corporation, Contract Freighters Inc. (CFI) and a Georgia corporation, J.B. Hunt Transport Inc. are trucking companies. On March 5th, they entered into a written contract in which Hunt agreed to purchase CFI’s terminal facility for $2,625,000. Paragraph 6 stated that Hunt was allowed to conduct an environmental audit. It also states that if Hunt found anything that would be hazardous, CFI would fix the issue in accordance with the federal, state, and local governmental directives or CFI would terminate the contract and refund any portion that had already been paid. One important note: Paragraph 5 provided that Hunt’s obligation to purchase the property was conditioned upon CFI’s “pre-closing action”. In paragraph 11, the original closing date was June 1, 1997, but was extended, in agreement with both parties, to September 30, 1997. After Hunt received the environmental audit results, it revealed that there was presence of diesel fuel at the site. CFI, taking the required steps according to the contract,

Get Access