7-25-11 Paper Corporation v. New Community Corporation, et al. (A-41/42-10; 066531)
In this dispute between two business entities regarding purchase prices and payment for products, the trial court’s findings that were central to its evaluation of the buyer’s Consumer Fraud Act counterclaim fail for want of sufficient credible evidence in the record, and the appellate panel erred I deferring to those findings and, by extension, in affirming the trial court’s conclusions. Furthermore, the panel erred in its analysis of the seller’s breach of contract claim by imposing a duty of written notice of non-delivery on the buyer that is found neither in the Uniform Commercial Code nor in the course of dealing between the parties.
