Almetals, Inc. v. Wickeder Westfalenstahl, GmbH
United States District Court for the Eastern District of Michigan
67 UCC Rep. Serv. 2d 562 (2008)
Relevant factsFree
Wickeder (defendant) was the sole source of a specialized clad metal it supplied to Almetals (plaintiff) under a requirements contract, and later insisted on cash-on-delivery payment terms that Almetals said would create negative cash flow and effectively cut off its supply; Almetals sought a permanent injunction after already obtaining a temporary restraining order against the COD term.
IssueFree
Whether specific performance is an appropriate remedy when a contract is for the sale of unique goods and monetary damages would not be sufficient.