The plaintiff brought a motion for summary judgment for the unpaid purchase price of a shipment of shrimp.
The Court of Appeal had previously directed a rehearing applying the Contracts for the International Sale of Goods (CISG).
The defendant argued it was entitled to avoid the contract due to a defective Health Certificate and that the plaintiff's acceptance of the returned shrimp mitigated damages or constituted unjust enrichment.
The court found the defendant did not properly declare the contract avoided under the CISG and that there was no agreement excusing payment of the purchase price upon the return of the goods.
Summary judgment was granted to the plaintiff for the full purchase price plus 8% interest.