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Klein v. PepsiCo, Inc.

United States Court of Appeals, Fourth Circuit, 1988

845 F.2d 76

Audio opinion coming soon

Brief Fact Summary

Plaintiff seeks to purchase an airplane from Defendant. After a series of negotiations and exchanges, including a pre-purchase inspection and an agreement regarding purchase price and a delivery date, Defendant decides not to sell. Plaintiff sues for breach of contract and seeks specific performance.

Rule of Law and Holding

UCC 2-716 (1). Specific performance will be ordered when product is unique and money damages would be inadequate. When buyer is purchasing to resell as an investor money damages will be adequate. The airplane is not unique and money damages would be adequate, no specific performance.