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In the case of Maple Farms Inc. v. City School Dist. 76 Misc.2d 1080, 352 N.Y.S.2d 784 (N.Y.Sup. 1974), Maple Farms supplied milk to a local school district for a set price (a fixed price contract). Market factors in 1973 drove the price of milk too high and it became impractical for Maple to sell the milk without a huge loss. They sued for a declaratory judgment that performance had become impractical. The Court dismissed the claim and held Maple responsible for selling the milk. • Even if the price rise was due to unforeseen events, the seller took a risk when it entered into a fixed-price contract. • UCC § 2-615 codifies this rule. • Except for the most exceptional of circumstances, a party claiming discharge from obligation because of unexpected financial burdens caused by a shift in market conditions will still be required to perform on the contract. • This decision is the opposite of a similar case, (Mishara Constr. Co. v. Transit-Mixed Concrete Corp.) that was decided the same year Massachusetts. Project Wonderful -Your ad here, right now, for as low as $0
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maple farms inc vs city school district12
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