Rose v. Mitsubishi International Corp.

United States District Court for the Eastern District of Pennsylvania

423 F. Supp. 1162 (1976)

Relevant factsFree

Mitsubishi International Corp. (MIC) and Federal Steel Corp. (defendants) signed a letter of intent with Jack Rose (plaintiff) to finance his purchase of a deep-water port facility, conditioned on Rose obtaining a title insurance policy showing clear and marketable title. Before the performance deadline, MIC told Rose it would not perform because Rose couldn't produce that title policy; Rose sued, and MIC moved for summary judgment, with Rose arguing MIC had waived the title condition.

IssueFree

Whether a condition in a contract may be waived if it is a material part of the agreed exchange between the parties.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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