Gross Valentino Printing Co. v. Clarke

458 N.E.2d 1027 (1983)

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Nature of the Case

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Facts

Gross (P) sued Clark (D) for a breach of contract over a dispute about the printing of a magazine. Layout problems with the magazine were encountered, but P had assured D that the job could be done in house despite those problems. P informed D of a substantial price increase for the job. D made no objection to the increase until a later date. P delivered the first 5,000 magazines and D signed the purchase order reflecting the new price and paid P $4,650. After receiving the balance of the 15,000 magazines, D informed P that he would not pay the increased price. As a defense to the action, D asserted lack of consideration, fraudulent or innocent misrepresentation, and business compulsion in defense. P moved for a summary judgment, and eventually, the trial court granted P judgment of $5,116.20. D appealed.