A manufacturer enters a five-year supplier relationship after receiving historical volume information from a retailer that is far above the contractual minimum. Additional orders remain discretionary. Internal records later suggest the historical figure may have been materially overstated.
01
Zeikos Inc. v. Walgreen Co.
“A representation about historical performance, not a simple forward projection.”
retailersupplierhistorical sales figureallegedly false material figureinducement to contract
Jurisdify identified the central distinction: the issue was not the retailer failing to deliver a future volume. It was whether a historical figure used in the decision to contract was false when provided.
02
Druckzentrum Harry Jung GmbH & Co. KG v. Motorola, Inc.
“Volume information can influence price, capacity and operational commitment even when future volume is not guaranteed.”
manufacturersupply agreementvolume forecastlimited contractual baseadditional volumepricing impactlater operational change
Jurisdify also identified the authority that weakened the theory: without evidence that the numbers were knowingly false, the claim may fail on the merits.
03
Oliver Wyman, Inc. v. Eielson
“High historical average, a much lower contractual floor and a compensation system in transition.”
high historical averagereduced contractual floorchanged allocation rule
Another highly relevant authority to the same factual pattern.