kearsarge computer v. staple

Kawawa - footnotes - Warwick- kearsarge computer v. staple ,See Micron Computer Systems Ltd. v. Wang (U.K.) Ltd., unreported 9 May 1990 (Q.B.D), (holding that in the computer industry, the occasional failure of the system is normal and to be expected. After determining that a 'computer system' was a good, the court found that the system was fit for the purpose for which it was sold and was merchantable.)KEARSARGE COMPUTER, INC. v. STAPLE CO. - LeagleNov 30, 1976·KENISON, C.J. This appeal results from cross actions by Kearsarge Computer, Inc., against Staple Company, Inc., and by against Kearsarge. Both actions relate to a certain data processing contract between the parties. Kearsarge sought payment for goods and services sold and delivered and damages for breach of contract.



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b. Defendant has burden of proof: The onus is on the breacher to prove the savings. If the services can be performed concurrent with other jobs then the value of subsequenwork is not calculated for mitigation. Kearsage Computer v. Staple ( breached data processing K and couldn't recover for personnel cost, since couldn't reduce force ...

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Kearsarge Computer v Staple Co, NH 1976: where D breached K for data-processing services by P, lost profits recovery w/n reduced by overhead. D claimed that P saved overhead costs b/c of it’s breach, b/ ct held that these costs are fixed. This included payroll, equipment rental, etc.

Kearsarge Computer, Inc. v. Staple Co., 116 N.H. 705 ...

Opinion for Kearsarge Computer, Inc. v. Staple Co., 116 N.H. 705 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

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Distribution of Continued Dumping and Subsidy Offset to ...

Jun 02, 2014·Similarly, in PS Chez Sidney, L.L. v. United States, 409 Fed. Appx. 327 (Fed. Cir. 2010), the CAFC summarily reversed the U.S. Court of International Trade's judgment that the support ...

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Faith R. Bursey v. Arthur H. Bursey

Kearsarge Computer, Inc. v. Staple Co., 116 N.H. 705, 707, 366 A.2d 467, 469 (1976) (citations omitted). In order to prevent unfair surprise, a party may be precluded from presenting evidence that he fails to disclose during discovery. See id. at 706-08, 366 A.2d at 469-70. If the defendant in this case were allowed to present evidence ...

Kearsarge Computer, Inc. v. Staple Co. :: 1976 :: New ...

This appeal results from cross actions by Kearsarge Computer, Inc., against Staple Company, Inc., and by against Kearsarge. Both actions relate to a certain data processing contract between the parties. Kearsarge sought payment for goods and services sold and delivered and damages for breach of contract.

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KEARSARGE COMPUTER, INC. v. STAPLE CO. | Citing Cases

KEARSARGE COMPUTER, INC. v. STAPLE CO. Email | Print | Comments (0) No. 7435. View Case; Cited Cases; Citing Case ; Citing Cases . Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case. 602 S.W.2d 540 - COPENHAVER v. ...

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955 F2d 188 Advanced Medical Inc v. Arden Medical Systems ...

Mar 05, 1991·See, for example, Kearsarge Computer Inc. v. Staple Co., 116 N.H. 705, 366 A.2d 467 (1976). The instant dispute, to the contrary, arises …

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Kawawa - footnotes - Warwick

See Micron Computer Systems Ltd. v. Wang (U.K.) Ltd., unreported 9 May 1990 (Q.B.D), (holding that in the computer industry, the occasional failure of the system is normal and to be expected. After determining that a 'computer system' was a good, the court found that the system was fit for the purpose for which it was sold and was merchantable.)

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