third-party beneficiary

Dingxi Longhai Dairy, Ltd. v. Becwood Technology Group, L.L.C.

Becwood, a Minnesota-based distributor, contracted with Dingxi, a Chinese supplier, to purchase a large amount of organic Kosher inulin. Becwood planned to sell the inulin to Stoneyfield Farm, Inc. for use in yogurt products. Dingxi shipped the product in four separate shipments. Becwood paid for the first shipment in full before its arrival, but then rejected all four shipments claiming that the product was contaminated with mold.

Dingxi recalled the third and fourth shipments before they reached their destination ports and sued in the United States District Court for the District of Minnesota for breach of contract and misrepresentation seeking to recover the full price for shipments two, three, and four. [click to continue…]

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