U.S. v. Wegematic

Citation: United States v. Wegematic Corp., 360 F.2d 674 (2d Cir. 1966).

The defendant, Wegematic, claimed "a truly revolutionary system utilizing all of the latest technical advances.” After a lengthy series of delays, Wegematic asked to be relieved of its contractual obligations on the ground of practical impossibility due to "basic engineering difficulties," which would cost $ 1-1.5 million and take up to two years to. remedy. The court rejected the excuse, stating:


 * We see no basis for thinking that when an electronics system is promoted by its manufacturer as a revolutionary breakthrough, the risk of the revolution's occurrence falls on the purchaser; the reasonable supposition is that it has already occurred or, at least, that the manufacturer is assuring the purchaser that it will be found to have when the machine is assembled.