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DYNAMIC MACHINE WORKS, INC. v. MACHINE & ELECTRICAL CONSULTANTS, INC.

444 Mass. 768 (2005)

DYNAMIC MACHINE WORKS, INC. vs. MACHINE & ELECTRICAL CONSULTANTS, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

July 28, 2005.

Attorney(s) appearing for the Case

Jack Bryan Little for the plaintiff.

Jeffrey D. Clements (Ingrid S. Martin with him) for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

CORDY, J.

A judge of the United States District Court for the District of Massachusetts has certified the following question: "Under the Massachusetts version of the Uniform Commercial Code, does a buyer have a right to retract a written extension allowing more time for the seller to cure defects in a delivered product absent reliance on the extension by the seller?"1 We answer the certified question as follows: If the written extension...

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