Kansas City Wholesale Grocery Co. v. Weber Packing Corp.

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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]

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. This case was cited in the Uniform Commercial Code as an example of the application of the principle of unconscionability.[2]

References

  1. Burton, S.J. & Eisenberg, M.A., eds. Contract Law: Selected Source Materials, 2009 Edition. West Publishing Co., St. Paul, MN: 2009, p. 41
  2. Burton, p. 41