Granvia Trading Ltd. v. Sutton Creations, Inc.
United States District Court for the Southern District of New York
2010 WL 4630266 (2010)
Relevant factsFree
Sutton (defendant) contracted to buy ordinary, non-custom coats from Granvia (plaintiff), with delivery to occur by Sutton's freight-forwarder picking up the shipment from Granvia's Chinese manufacturer; when the coats were ready, Sutton neither picked them up nor paid, though emails showed it was still trying to coordinate a later pickup, while Granvia tried and failed to resell the coats elsewhere before suing for the full purchase price under UCC Section 2-709.
IssueFree
Whether an action for price under the UCC requires showing a contract with a buyer who accepted the goods but failed to pay, along with reasonable efforts to resell the goods to other buyers.