Justice Daniel Palmieri
Association for the Blind and Visually Impaired (ABVI) moved for summary judgment. Goaltex cross-moved for same in this breach of contract suit. Goaltex alleged the parties, both “merchants,” agreed Goaltex would sell sneakers to ABVI on condition that Goodwill Industries complete its purchase of any specially ordered sneakers Goaltex ordered on Goodwill’s behalf within one year of the purchase. Goaltex claimed it ordered and took delivery of these sneakers, but Goodwill refused to purchase them. ABVI denied existence of this agreement claiming its long course of dealing with Goaltex was shown by written purchase orders. Goaltex claimed the contract was entered into verbally by telephone with Goodwill’s purchasing manager, and confirmed in later e-mails. The court found the documentary evidence submitted by both parties demonstrated there was no agreement for Goodwill to purchase within one year all the sneakers Goaltex ordered from its manufacturer. Also, the failure of Goaltex to present a purchase order to support its invoice for payment for the disputed merchandise was fatal. Even assuming this was a requirements contract, as Goaltex claimed, the absence of a price term prevents enforcement, and grants AVBI’s motion.
