United Parcel Service, Inc. v. Buchwald Jewelers

Summary

United Parcel Service appealed a summary judgment awarding Buchwald Jewelers $14,600 for breach of contract after UPS accepted a cashier’s check instead of the cash-only payment specified in the C.O.D. instructions. The court held that Buchwald Jewelers did not ratify UPS’s unauthorized act because it accepted the check without knowing that UPS had violated the cash-only requirement. The Third District Court of Appeal affirmed the judgment.

Holdings

1. A principal does not ratify an agent's unauthorized act unless the principal was fully informed of the material facts and approved the act. Buchwald Jewelers's acceptance and deposit of the cashier's check did not constitute ratification because it undisputedly lacked knowledge that UPS had violated the cash-only instruction.
2. The final summary judgment awarding Buchwald Jewelers damages for UPS's breach of contract was affirmed.

Questions Presented

1. Whether Buchwald Jewelers ratified UPS's unauthorized acceptance of a cashier's check, thereby waiving the contractual requirement that UPS collect cash only.
2. Whether summary judgment for Buchwald Jewelers on its breach-of-contract claim was proper.

Disposition

affirmed