chapter 15, case 10

corresponded with the terms of the listing CASE 10 The Acme Company, which frequently acted as agents for sea food processors and buyers, was contacted by supply contract. In due course, the fish were delivered the Gourmet Fish Company to find a supply of a par- to Gourmet Fish Company, and the agreed-upon com- ticular fish for its new product line. Under the terms mission was paid to the Acme Company, based upon the quantity of fish supplied. of the agreement, the Acme Company was entitled to Some time later, when the Gourmet Fish Company a flat commission rate based upon the quantity of fish discovered that the Acme Company also charged a fee purchased. The Acme Company contacted several fish- to the processing plant for arranging the supply con- processing plants and arranged for each to supply a tracts, it took legal action against the Acme Company. quantity of the fish species required by the Gourmet Fish Discuss the nature of the claim that would be made Company. In each case, the Acme Company charged by the Gourmet Fish Company and the defences, if any, the processing plant a $3,000 fee for arranging the of the Acme Company. Render a decision