Advance Conveying Technologies v. Lemartec Corp., No. 18-2345 (8th Cir. 2019)
Annotate this CaseLemartec appealed the district court's entry of judgment in favor of ACT on ACT's breach of contract claim. Lemartec argued that the district court erred in concluding that Lemartec's bid package was incorporated into the parties' contract. Although the bid package was not incorporated in so many words, the Eighth Circuit nonetheless affirmed the judgment, because when the contract is considered in light of the usage-of-trade evidence that the district court found credible, there is no error in the determination that Lemartec breached the purchase order.
Court Description: Wollman, Author, with Benton and Grasz, Circuit Judges] Civil case - Contracts. On appeal, the defendant argues the district court erred in concluding that defendant's bid package was incorporated into the purchase order which served as the parties' contract. Held: while the bid package was not incorporated in so many words, the district court's judgment is affirmed because when the contract is considered in light of the useage-of-trade evidence that the district court found credible, there was no error in determining that defendant breached the purchase order.
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