Rocheux Int'l of N.J. v. U.S. Merchants Fin. Group
United States District Court for the District of New Jersey
741 F.Supp.2d 651 (2010)
Merchants (defendant) ordered large quantities of plastic from Rocheux (plaintiff) but failed to pay for goods delivered in 2006, including goods stored at a warehouse. Rocheux repeatedly demanded payment and eventually a letter of credit; when Merchants never provided one, Rocheux sold the warehouse goods to third parties, taking a nearly $400,000 loss. Rocheux sued for breach of contract; Merchants countersued, arguing Rocheux itself had repudiated the deal by failing to properly demand assurance. Both sides moved for summary judgment.
Whether a determination that a party's conduct constitutes repudiation of a contract, or inadequate assurance of performance, may be resolved by summary judgment rather than left to the trier of fact.