Alaska Pacific Trading Company v. Eagon Forest Products, Inc.
Court of Appeals of Washington
933 P.2d 417 (1997)
Relevant factsFree
ALPAC (plaintiff) contracted to ship logs to Eagon (defendant) between July and August 1993, but missed the shipping deadline; Eagon, facing an unfavorable market shift, canceled the contract, and ALPAC sued for breach, arguing its delay wasn't material because the contract didn't make time of the essence. The trial court granted Eagon summary judgment.
IssueFree
Whether a minor breach of a sales contract governed by UCC Article II may be excused on the ground that the breach was not material.