Sun Printing & Publishing Ass'n v. Remington Paper &Power Co., Inc.

139 N.E. 470 (1923)

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Nature of the Case

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Facts

Sun Printing (P) agreed to buy, and Remington (D) agreed to sell paper with monthly deliveries taking place over 15 months. The initial price points were agreed upon but when it came time to agree upon a new price the parties had a falling out. D gave notice that the contract was imperfect and disclaimed any future obligation to deliver. P demanded that D perform and claimed that the price to be agreed upon was an established and fixed price; no higher than the contract price for new print charged by the Canadian Export Paper Company to the large consumers. P sued.