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Emirat AG v. High Point Printing LLC

United States District Court for the Eastern District of Wisconsin

248 F. Supp.3d 911 (2017)

Relevant factsFree

Emirat (plaintiff) arguably qualified as an intended third-party beneficiary of a printing subcontract between High Point and WS (defendants), which contained defective scratch-off phone cards that repeatedly "candled" (showed prizes through the scratch material) despite WS's guarantee of printing accuracy, but Emirat didn't sue for breach until August 2012, more than a year after the cards' 2009 delivery dates specified in the letters of agreement between High Point and WS, which required any buyer action within one year of delivery.

IssueFree

Whether an intended third-party beneficiary of a contract may recover for its breach, provided the third party brings claims within the applicable limitations period.

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