DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101324P.pdf 09/14/2011 Semi-Materials Co., Ltd v. MEMC Electronic Materials, Inc
U.S. Court of Appeals Case No: 10-1324
and No: 10-1626
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and
Benton, Circuit Judge]
Civil case - contracts. Concerning the four corners of the parties'
agreements, the court cannot agree with the district court's conclusion
that the agreements clearly and unambiguously limit plaintiff to receiving
commissions only on those sales which included terms whereby the risk of
loss remained with defendant until the product entered China or South
Korea, and the district court erred in granting defendant's motion for
summary judgment on this issue; district court did not err in denying
defendant's motion for judgment as a matter of law after the jury
determined plaintiff reasonably relied on a certain individual's apparent
authority to enter into the agreements; further, the jury could reasonably
find plaintiff performed its reporting obligations under the agreements.