United States v. Progressive Enterprises
United States District Court for the Eastern District of Virginia
418 F.Supp. 662 (1976)
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.
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.