1. Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.
2. If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer’s obligation unless the regulation is discriminatory, oppressive or predatory. [C66, 71, 73, 75, 77, 79, 81, §554.2614] Referred to in §554.2615 \n
Notes of Decisions
Nora Springs Coop. Co. v. Brandau, 247 N.W.2d 744 (Iowa 1976).
· cites it 2× “This failure is fatal to appellant’s whole argument when read in Tight of section 554.2614(1). That section provides: “Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed…”
Hansen-Mueller Co. v. Gau, 838 N.W.2d 138 (Iowa Ct. App. 2013).
· cites it 15× “” See Iowa Code § 554.2614 (1), cmt. 1; compare Meyer v.”
S & S, INC. v. Meyer, 478 N.W.2d 857 (Iowa Ct. App. 1991).
· cites it 2× “Iowa Code section 554.2614(1) provides: 1. Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a…”
Charles Gabus Motors, Inc. v. Tirrell (In re Tirrell), 572 B.R. 720 (8th Cir. BAP 2017).
“” Debtor raises a number of other issues for the first time on appeal: Whether Debtor’s failure to make the January 3, 2017 payment was a material breach of the parties’ settlement agreement; whether the settlement agreement’s default provision is a liquidated damages clause…”
— Iowa Code § 554.2614(1) — 3 cases
Nora Springs Coop. Co. v. Brandau, 247 N.W.2d 744 (Iowa 1976).
“This failure is fatal to appellant’s whole argument when read in Tight of section 554.2614(1). That section provides: “Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed…”
S & S, INC. v. Meyer, 478 N.W.2d 857 (Iowa Ct. App. 1991).
“Iowa Code section 554.2614(1) provides: 1. Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.