Spencer Fane LLP Logo

Mistaken Use In Sales Contract Of Spec Sheet For A Different Aircraft Is Held To Void Buyer’s Purchase Obligation

The importance of selecting the correct specification sheet is driven home in a recent decision of the Federal District Court for the Western District of New York.In First Technology Capital, Inc. v. Airborne, Inc., the buyer and seller had agreed on terms for an aircraft purchase, and further agreed on a contract providing that no deviation from the aircraft specifications would be acceptable.  The aircraft specification sheet mistakenly selected by the seller’s agent and attached to the contract, however, was for a different aircraft than the one being sold.  When the buyer decided not to proceed with the transaction, he cited the failure of the tendered aircraft to match the specifications stapled to the parties’ contract.  On these facts, the court found that the seller had failed to tender goods conforming to the contract, and that, under the Uniform Commercial Code, this failure entitled the buyer to reject the tender, leaving the seller without a remedy, or a sale.