Adam Engelhart

A Terrible Pun

March 9th, 2006

From a case we read in Contracts today, Brookside Farms v. Mama Rizzo’s, Inc., 873 F.Supp. 1029. The case involved Brookside Farms selling basil leaves to Mama Rizzo’s under a contract that prohibited oral modifications, to which oral modifications were made, recorded, and performed on by both parties before the litigation ensued. From pages 1034-35 of the opinion (emphasis and hyperlink added):

For the Court to allow Defendant to invoke the no-oral-modification clause after MRI itself induced and participated in the extended course of action it now complains of would be to convert the sale of basil leaves into a “basil sale carcinoma” that would devour all reasonable commercial standards of behavior between merchants.

Further commentary would be superfluous.

Entry Filed under: Law