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ReMapp Int'l Corp. v. Comfort Keyboard Co. - 560 F.3d 628 (7th Cir. 2009)


The existence of a contract is a mixed question of law and fact subject to clear error review.


Plaintiff ReMapp International Corporation, a manufacturer of electronics boards and microprocessors, claimed that defendant customer, Comfort Keyboard Company, agreed to purchase several items and failed to pay. In its defense, Comfort Keyboard claimed that the parties had never formed a contract. The magistrate found that three oral contracts existed between the parties, two for the purchase of boards and one for microprocessors. However, no damages were awarded for breach of the microprocessor contract because ReMapp failed to show that it mitigated its damages. A judgment was entered into in favor of the manufacturer ReMapp, and the customer Comfort Keyboard filed this appeal.


Was there a valid contract between the parties?




The court of appeals found no clear error in the magistrate's finding that a pro forma invoice sent by ReMapp was a written confirmation of the parties' oral agreement rather than a written offer. Also, the parties' conduct indicated that they had formed a contract. The Statute of Frauds exception under Wis. Stat. § 402.201(3)(a) for specially manufactured goods was properly applied to the contracts for the electronic boards. Comfort Keyboard's argument that the microprocessor contract did not fall within the exception under § 402.201(2) was moot because no damages were awarded for breach; in any event, the evidence showed that the Comfort Keyboard had received written notice of the order and failed to timely object.

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