I’m thinking of a case where a buyer makes an order and the seller is only able to fulfill so much of it and then is able to ship the rest out at a later point but charges more because the price has changed and buyer accuses them of breaching the contract. Does anyone know the case name I am talking about or what exactly happens in these type of cases?
Well, under the common law, it would be a breach of contract, and the buyer would only have to pay the original price. Under the UCC, I have no idea. My contracts professor thinks the UCC is stupid and juvenile.
Sounds like Canadian Industrial Alcohol v. Dunbar Molasses (Cardozo decision).
Or maybe Corinthian Pharmaceuticals v. Lederle Labs, but that’s a shipment as an accommodation not an acceptance.