Jennifer Martin’s Annual Digest of Developments in the Law of Sales

• NTA Graphics South, Inc. v. Axiom Impressions, LLC, a case involving mixed contracts and the predominant purpose test;
• Back Nine Indoor Golf Ltd. v. Infinity Golf & Sports Simulators LLC, a Statute of Frauds case (spoiler alert — SoF did not impede enforcement);
• Chr. Hansen, Inc. v. Centrome, Inc., No. 15-CV-150, 2019 WL 1556314 (E.D. Wis. Jan. 11, 2019), and Ultraflex Systems of Florida, Inc. v. Veritev Operating Co., both of which touch on battle of the forms issues, and the latter applies the knock-out rule to different terms (woo hoo!);
• Revere Plastic Systems, LLC v. Plastic Plate, LLC, which addresses formation and modification issues (or failure to modify);
• Mid-American Salt, LLC v. Bob & Dave’s Lawn & Landscape Maintenance, Inc., a parol evidence case (spoiler alert — parol allowed into evidence) with a post-contractual oral modification issue;
• Simpson v. Champion Petfoods USA, Inc., involving warranty claims and privity; 
• Klingenberg v. Vulcan Ladder USA, LLC, and Pyskaty v. Wide World of Cars, LLC, which raise warranty and warranty disclaimer issues; 
• State v. Dix, which found that Article 2’s rules for title do not apply when the criminal defendant had no intention of paying for the goods;
• BRC Rubber & Plastics, Inc. v. Continental Carbon Co., addressing anticipatory repudiation;
• Accettura v. Vacationland, Inc., which addresses timely revocation;
• SEI Fuel Services, Inc. v. A&J Gas & Convenience, LLC, a lost volume case(!);
• Forage Genetics International, LLC. v. Kelly Green Mexicana, Inc., which decided an action for the price claims;
• Cogan Imports, Inc. v. Dharod, a seller’s failed action for specific performance of a contract to sell a car for $2.7 million; and
• Adore Me, Inc. v. NPC Global Corp., a nifty illustration of buyer’s remedies.

Thanks, Jennifer, for this wonderful update!