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United States v. Wegematic Corp.

United States Court of Appeals for the Second Circuit

360 F.2d 674 (2d Cir. 1966)

Relevant factsFree

The Federal Reserve Board sought bids for a computing system and prioritized early delivery. Wegematic Corp. (defendant) won the contract by promising a "truly revolutionary" computer within nine months, but after twice delaying shipment, it cancelled the contract entirely, citing unresolved "engineering difficulties." The Board sued, and the trial court awarded liquidated damages, the cost of procuring a replacement system, and preparatory expenses. Wegematic appealed.

IssueFree

Whether delay in delivery is excused if engineering difficulties of the manufacturer make delivery to the purchaser impossible.

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