D.P. Technology Corp. v. Sherwood Tool, Inc.
United States District Court for the District of Connecticut
751 F.Supp. 1038 (1990)
Relevant factsFree
Sherwood Tool (defendant) ordered a custom computer system from D.P. Technology (plaintiff), with delivery promised in 10 to 12 weeks. The software arrived on time, but the hardware arrived 16 days late. Sherwood returned both components and refused to pay, and D.P. sued for breach of contract; Sherwood moved to dismiss, arguing the missed delivery date meant it never had to accept the goods at all.
IssueFree
Whether, under the Uniform Commercial Code, a short delivery delay allows a buyer of specially-made goods to reject those goods as nonconforming.