Legal Question in Consumer Law in Nebraska

Buyer contract

Tabor is a buyer of file cabinets manufactured by Martin. Martin�s contract with Tabor calls for delivery of fifty file cabinets at $40.00 per cabinet in five equal installments. After delivery of two installments (twenty cabinets), Martin informs Tabor that because of inflation Martin is losing money and will promise to deliver the remaining thirty cabinets only if Tabor will pay $50.00 per cabinet. Tabor agrees in writing to do so. Discuss whether Martin can legally collect the additional $100.00 on delivery to Tabor of the next installment of ten cabinets.


Asked on 7/11/08, 9:15 am

2 Answers from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: Buyer contract

Generally no; but specific contract terms may allow for price adjustments based on changes in variable costs, e.g. fuel prices. Otherwise, Martin has breached the contract and any attempt to extort a higher price for identical goods or services is unenforceable; even if agreed to by Tabor in order to prevent service failure by Martin.

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Answered on 7/14/08, 2:10 pm
Duke Drouillard Drouillard Law, LLC

Re: Buyer contract

Generally no; but specific contract terms may allow for price adjustments based on changes in variable costs, e.g. fuel prices. Otherwise, Martin has breached the contract and any attempt to extort a higher price for identical goods or services is unenforceable; even if agreed to by Tabor in order to prevent service failure by Martin.

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Answered on 7/14/08, 2:22 pm


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