Office Pavilion S. Florida, Inc. v. ASAL Prods., Inc.
District Court of Appeal of Florida
849 So.2d 367 (Fla. Dist. Ct. App. 2003)
ASAL Products (plaintiff) contracted with Office Pavilion S. Florida (defendant), a Herman Miller distributor, for keyboards with defined minimum and maximum order quantities, and later sought to add Herman Miller chairs to the arrangement; a letter drafted by Pavilion's sales manager stated the original contract's terms would govern the chair sales except for delivery and quantity terms, with Pavilion agreeing to supply chairs within established lead times, and a subsequent addendum set only the chair pricing structure without any quantity commitment from ASAL. When ASAL later ordered 2,480 chairs, Pavilion refused to fulfill the order, and ASAL sued for breach, winning a $4,000,000 judgment at trial.
Whether an agreement to sell as many units of a product as a buyer orders, without any minimum purchase obligation on the buyer's part, constitutes an enforceable contract supported by consideration.