(DOWNLOAD) "Market Street Associates Limited Partnership and William Orenstein v. Frey" by United States Court of Appeals for the Seventh Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Market Street Associates Limited Partnership and William Orenstein v. Frey
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 27, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 86 KB

Description

Market Street Associates Limited Partnership and its general partner appeal from a judgment for the defendants, General Electric Pension Trust and its trustees, entered upon cross-motions for summary judgment in a diversity suit that pivots on the doctrine of "good faith" performance of a contract. Cf. Robert Summers, "Good Faith in General Contract Law and the Sales Provisions of the Uniform Commercial Code," 54 Va. L. Rev. 195, 232-43 (1968). Wisconsin law applies -- common law rather than Uniform Commercial Code, because the contract is for land rather than for goods, UCC § 2-102, Wis. Stat. § 402.102, and because it is a lease rather than a sale and Wisconsin has not adopted UCC art. 2A, which governs leases. But before we can get to the substance of the dispute we need to consider a jurisdictional and a procedural question.

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