J & D filed this lawsuit to collect balances they alleged were due for fabric delivered to defendants, who used the goods in manufacturing clothing. J & D is a New York corporation owned by Yeong Shim, who also owns M.S., an enterprise headquartered in Korea in the business of selling fabric. Lim owns Gabo, while Martin Terzian owns LMT. LMT and Gabo operate as a business partnership.
On May 21, 2009, Lim issued two fabric purchase orders from Gabo to J & D. The delivery date section stated: "[s]tart [shipping?]-on or before 6/13/09 & balance 7/13/09. Will advise detail of what needs to be shipped by 6/13/09 with Mr. Shim in NYC. Cancel date-7/13/09/." The parties agreed that J & D would ship the material to K.R. Intercorp (KR), a factory located in Vietnam, for the production of finished garments. The garments would then be shipped to LMT's warehouse in California for the fulfillment of a contract with K-Mart. J & D accepted Gabo's order on May 28, 2009, by issuing two invoices. Shim issued the invoices from M.S. because he was in Korea at the time. The total invoiced amount was $316,989.98.
Judge(s): Per Curiam
Jurisdiction: New Jersey Superior Court, Appellate Division
Related Categories: Damages
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Vano Haroutunian||Ballon Stoll Bader & Nadler PC|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Paul Perkins||Hadley Perkins PC|