What the court did
The court held that the written manufacturing agreement contained no post-delivery purchase-price-variance mechanism and dismissed the contract and unjust-enrichment claims based on that theory.
Delaware Superior Court
Delaware Court Enforces Written Pricing Terms Against Post-Delivery True-Up
A Delaware trial court dismissed a manufacturer’s purchase-price-variance claim because the supply agreement did not authorize post-delivery raw-material adjustments.
Case record
Authority before analysis.
- Court
- Delaware Superior Court
- Docket
- C.A. No. N25C-12-451 KMM (CCLD)
- Decision
- September 17, 2026
- Posture
- Memorandum opinion and order granting partial dismissal under Rule 12(b)(6).
- Status
- Delaware trial-level authority; persuasive, not a binding appellate precedent.
Why operators should care
Industrial manufacturers and purchasers should make escalation, BOM, approval, invoice, and true-up terms explicit and require signed amendments for pricing changes.
What remains unresolved
The order was a partial dismissal and did not resolve every claim or the entire dispute.
Primary record
Read the opinion.
This update identifies the court, posture, holding, and unresolved questions. The linked opinion remains the controlling source.
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