Question: Dan Miller was a commercial photographer who had taken a
Dan Miller was a commercial photographer who had taken a series of photographs that appeared in The New York Times. Newsweek magazine wanted to use the photographs. When a News-week employee named Dwyer phoned Miller, Dwyer was told that 72 images were available. Dwyer said that he wanted to inspect the photographs and offered a certain sum of money for each photo Newsweek used. The photos were to remain Miller’s property. Miller and Dwyer agreed to the price and the date for delivery. Newsweek sent a courier to pick up the photographs. Along with the photos, Miller gave the courier a delivery memo that set out various conditions for the use of the photographs. The memo included a clause that required Newsweek to pay $ 1,500 each if any of the photos were lost or destroyed. After Newsweek received the pack-age, it decided it no longer needed Miller’s work. When Miller called to have the photos returned, he was told that they had all been lost. Miller demanded that News-week pay him $ 1,500 for each of the 72 lost photos. Assume that the court finds Miller and Newsweek to be merchants. Are the clauses in the delivery memo part of the sales contract? Miller v. Newsweek, Inc., 660 F. Supp. 852, 1987 U. S. Dist. Lexis 4338 (United States District Court for the District of Delaware)
Answer to relevant QuestionsAlvin Cagle was a potato farmer in Alabama who had had several business dealings with the H.C. Schmieding Produce Co. (Schmieding). Sev-eral months before harvest, Cagle entered into an oral sales contract with Schmieding. ...Numismatic Funding Corporation (Numismatic), with its principal place of business in New York, sells rare and collector coins by mail throughout the United States. Frederick R. Prewitt, a resident of St. Louis, Missouri, ...The Jacob Hartz Seed Company, Inc. (Hartz), bought soybeans for use as seed from E. R. Coleman. Coleman certified that the seed had an 80 percent germination rate. Hartz paid for the beans and picked them up from a warehouse ...Joseph Mitsch purchased a used Chevrolet Yukon SUV vehicle from Rockenbach Chevrolet. The Yukon was manufactured by General Motors Corporation (GMC). The Yukon had been driven over 36,000 miles. The purchase contract with ...David M. Fox was a distributor of tools manufactured and sold by Matco Tools Corporation (Matco). Cox purchased tools from Matco, using a credit line that he repaid as the tools were sold. The credit line was secured by ...
Post your question