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Acme Markets Inc. v. Federal Armored Express Inc.

Superior Court of Pennsylvania

648 A.2d 1218 (1994)

Relevant factsFree

Acme Markets Inc. (plaintiff) contracted with Federal Armored Express Inc. (defendant) for armored-car service, with Federal agreeing to reimburse Acme for 'service-related losses.' When a loss occurred, Federal argued that a requirement that Acme provide a receipt was a condition precedent to Federal's obligation to pay, excusing it entirely.

IssueFree

Whether a condition precedent must be strictly enforced under Pennsylvania law where doing so would cause a disproportionate forfeiture and the condition was not a material part of the contract.

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