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Far East Services Corp. v. Tracker Marine, L.L.C.

Citations: 246 S.W.3d 486; 64 U.C.C. Rep. Serv. 2d (West) 584; 2007 Mo. App. LEXIS 1638; 2007 WL 4226889Docket: 27829, 27847

Court: Missouri Court of Appeals; December 3, 2007; Missouri; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by Far East Services Corp. and D. W Sales, Inc. against Tracker Marine, L.L.C. concerning breach of contract and trade secret claims. Far East sought recovery for parts and services rendered under several purchase orders, while Tracker counterclaimed, alleging trade secret violations. The trial court ruled in favor of Far East for certain parts delivered but denied claims related to an unexecuted purchase order due to violations of the Statute of Frauds and non-compliance with the Production Part Approval Process (PPAP). The court also found Far East's engineering services contract unenforceable due to lack of licensure. On appeal, the court upheld the trial court's findings, affirming that Tracker's rejection of parts was untimely, thus accepting the goods and obligating payment. The court allowed prejudgment interest on liquidated claims but reversed the judgment for engineering services due to licensure issues. The appellate decision underscores the importance of compliance with statutory requirements and contractual conditions in enforcing commercial agreements.

Legal Issues Addressed

Buyer's Right to Reject Non-Conforming Goods

Application: The court found Tracker's rejection of parts was untimely, thus constituting acceptance of goods under UCC provisions, obligating payment.

Reasoning: Tracker accepted the July parts, thus incurring liability for the purchase price per section 400.2-607(1).

Engineering Services and Licensure Requirement

Application: Far East's engineering services were deemed unenforceable due to lack of licensure, as the services required professional engineering expertise under Missouri law.

Reasoning: The services provided by Far East in developing these specifications met the definition of professional engineering under section 327.181, making any resulting contract unenforceable as per section 327.461.

Prejudgment Interest on Liquidated Claims

Application: The court allowed prejudgment interest for Far East's claim for the purchase price of parts, determining the claim was liquidated as the amount was ascertainable.

Reasoning: The trial court's ruling confirmed that the claim amount is ascertainable, making it liquidated.

Production Part Approval Process (PPAP) Compliance

Application: Far East's failure to comply with the PPAP was a condition precedent that barred recovery for certain parts, as Tracker was justified in rejecting the parts due to non-compliance.

Reasoning: The trial court found that compliance with the PPAP was a condition precedent for part production, which Far East violated by producing parts without Tracker's approval.

Statute of Frauds and Contract Validity

Application: The court denied recovery under the unexecuted purchase order T26429 due to non-compliance with the Statute of Frauds, determined that Far East's breaches of the PPAP and warehousing requirements precluded enforcement.

Reasoning: The trial court denied recovery to Far East under purchase order T26429 based on three main grounds: (1) the purchase order was unexecuted by Tracker, violating the Statute of Frauds (section 400.2-201(1)); (2) Far East breached the Production Part Approval Process (PPAP)...