Gianni Sport Ltd. v. Gantos Inc.

391 N.W.2d. 760 (1986)

Facts

Gantos (D) submitted a purchase order to Gianni (P) with a cancellation right for any goods not shipped or any goods not shipped on time. D canceled its June 10th order, due for delivery on October 10th, in late September. P agreed to a 50% price reduction if D would accept the goods anyway. P sued D. The trial court found that reduced price agreement was invalid because the cancellation clause was unconscionable. P was awarded $27,290. D appealed.