Mcc-Marble Ceramic Center Inc. v. D'Mgostino - Eleventh Circuit U.S. Court of Appeals

Mcc-Marble Ceramic Center Inc. v. D'Mgostino

By Eleventh Circuit U.S. Court of Appeals

  • Release Date: 1998-06-29
  • Genre: Law
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PUBLISH D. C. Docket No. 92-2108-CIV Appeal from the United States District Court for the Southern District of Florida This case requires us to determine whether a court must consider parol evidence in a contract dispute governed by the United Nations Convention on Contracts for the International Sale of Goods (""CISG""). 1 The district court granted summary judgment on behalf of the defendant-appellee, relying on certain terms and provisions that appeared on the reverse of a pre-printed form contract for the sale of ceramic tiles. The plaintiff-appellant sought to rely on a number of affidavits that tended to show both that the parties had arrived at an oral contract before memorializing their agreement in writing and that they subjectively intended not to apply the terms on the reverse of the contract to their agreements. The magistrate Judge held that the affidavits did not raise an issue of material fact and recommended that the district court grant summary judgment based on the terms of the contract. The district court agreed with the magistrate Judge's reasoning and entered summary judgment in the defendant-appellee's favor. We REVERSE.

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