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TRUST COMPANY BANK v. GLOUCESTER CORP.

419 Mass. 48 (1994)

TRUST COMPANY BANK vs. THE GLOUCESTER CORPORATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 21, 1994.

Attorney(s) appearing for the Case

Bruce Medoff for the plaintiff.

Evan Slavitt for the defendants.

Present: LIACOS, C.J., WILKINS, LYNCH, O'CONNOR, & GREANEY, JJ.

GREANEY, J.

The facts in this case are undisputed. On December 19, 1991, Sigma International, Inc. (Sigma), agreed to sell seafood to the Gloucester Corporation (Gloucester). On January 16, 1992, Sigma delivered to Gloucester under the agreement a quantity of scallops worth $143,391. The invoice from Sigma stated that the sale was "pending FDA release," and included a payment term of "net 30 days from FDA release date." The...

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