Aviointeriors SpA v. World Airways, Inc.

Good Law
181 Cal. App. 3d 908·1986 Cal. App. LEXIS 1662·226 Cal. Rptr. 527
Court of Appeal of CaliforniaMay 30, 1986A025995California2,206 words

Opinion

Opinion

Merrill, J.

Appellant Aviointeriors SpA (Aviointeriors) appeals from an adverse judgment construing portions of a written contract in favor of respondent World Airways, Inc. (World). We affirm the judgment.

I

On March 25, 1977, Aviointeriors, by its representative, John R. Brand, and World Airways, by its then senior vice president, William R. Boyd, entered into a written contract (the Purchase Agreement) for the manufacture and sale by Aviointeriors and the purchase by World of three shipsets of aircraft seats for use in DC-10 aircraft at an agreed price of $167,998 per shipset.

Pursuant to the agreement, Aviointeriors manufactured and delivered to World the three shipsets as well as certain spare parts requested by World. The total value of the goods delivered to World was $554,834.06, of which $366,753.60 has been paid. Due to the dispute which is the subject of World’s cross-complaint, World has withheld from Aviointeriors the sum of $178,080.46 since July 1, 1978.

On April 19, 1977, World and Aviointeriors executed a written letter agreement (the Option Agreement) wherein Aviointeriors granted to World an option to purchase up to three additional shipsets of seats at a…

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