D.P. Technology Corp. v. Sherwood Tool, Inc. Case Brief Summary | Law Case Explained

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D.P. Technology Corp. v. Sherwood Tool, Inc., 751 F. Supp. 1038 (1990)
Under the perfect-tender rule, a buyer who enters a sale-of-goods contract may reject the goods for any nonconformity of the goods or the delivery of the goods. In D.P. Technology Corporation versus Sherwood Tool, Incorporated, the court considered whether Connecticut law allows a buyer to reject delivery of custom-made goods due to a delivery delay pursuant to the perfect-tender rule even if the delay is insubstantial.
Sherwood Tool contracted to purchase a custom computer system from D.P. Technology. The contract specified that D.P. would deliver the computer system within 10-12 weeks. D.P. delivered the computer’s software within the specified time period but delivered the hardware 16 days late. Due to the late delivery, Sherwood returned the computer to D.P. and refused to pay.
D.P. sued Sherwood for breach of contract. Sherwood moved to dismiss, arguing that D.P.’s failure to make a timely delivery constituted a nonconformity pursuant to the perfect-tender rule, which gave Sherwood the right to reject the computer.
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