Kansas City Wholesale Grocery Co. v. Weber Packing Corp.
Kansas City Wholesale Grocery Co. v. Weber Packing Corp., 93 Utah 414 (1937), was a case decided by the Supreme Court of Utah where the court modified a contract to avoid an unconscionable result.[1]
| Kansas City Wholesale Grocery Co. v. Weber Packing Corp. | |
|---|---|
| Court | Utah Supreme Court |
| Full case name | Kansas City Wholesale Grocery Co. v. Weber Packing Corporation |
| Decided | November 17, 1937 |
| Citation(s) | 93 Utah 414; 73 P.2d 1272 |
| Court membership | |
| Judges sitting | William H. Folland, Ephraim Hanson, James H. Wolfe, Martin M. Larson, David W. Moffat |
| Case opinions | |
| Decision by | Folland |
| Dissent | Moffat |
Decision
The court held that a provision limiting time for complaints could not be applied to defects in a shipment of ketchup that could only be discerned through microscopic analysis.[2] This case was cited in the Uniform Commercial Code as an example of the application of the principle of unconscionability.[3]
References
- Burton, S.J. & Eisenberg, M.A., eds. Contract Law: Selected Source Materials, 2009 Edition. West Publishing Co., St. Paul, MN: 2009, p. 41
- Kansas City Wholesale Grocery Co. v. Weber Packing Corp., 93 Utah 414, 73 P.2d 1272 (1937).
- Burton, p. 41
External links
- Text of Kansas City Wholesale Grocery Co. v. Weber Packing Corp., 93 Utah 414, 73 P.2d 1272 (1937) is available from: CourtListener Casetext
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