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United States v. Progressive Enterprises

United States District Court for the Eastern District of Virginia

418 F.Supp. 662 (1976)

Relevant factsFree

Crane Company (plaintiff) offered to sell Progressive Enterprises, Inc. (Progressive) (defendant) a deaerator for $5,238.00, requiring acceptance within 15 days; Progressive won a related government contract only after that 15-day window had already passed, then affirmed the quoted price with Crane and submitted a purchase order. Crane later told Progressive it would need to pay $7,350.00 due to rising material costs, and Progressive submitted a second purchase order at that higher price; after Crane delivered the machine, Progressive paid only the original price, and Crane sued for the difference.

IssueFree

Whether a party is bound by a modification to a contract to which it agreed when it cannot establish that the modification would cause economic duress or that it communicated such duress to the other party.

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