Gross Valentino Printing Co. v. Clarke
Appellate Court of Illinois
458 N.E.2d 1027 (1983)
Gross Valentino Printing (Gross) (plaintiff) agreed to print 15,000 copies of a magazine for Clarke (defendant) for $6,695. Layout problems forced Gross to outsource part of the job, raising the price to $9,300; Clarke didn't object when told, signed a purchase order reflecting the new price, and paid a partial amount after the first delivery. After receiving the rest of the magazines, Clarke refused to pay the balance, raising lack of consideration, misrepresentation, and business compulsion as defenses. The trial court granted Gross summary judgment on the consideration and business-compulsion defenses, and Clarke appealed.
Whether, under the UCC, a contract for the sale of goods is enforceable without proof of consideration offered by both parties.