From our private database of 26,900+ case briefs...
Brown Machine, Inc. v. Hercules, Inc.
Missouri Court of Appeals
770 S.W.2d 416 (1989)
Hercules, Inc. (Hercules) (defendant) requested a price quote from Brown Machine, Inc. (Brown) (plaintiff) for a piece of equipment. Brown sent the quote, which included a cover page stating that Brown wished to further discuss the quote and that the quote was being submitted for “approval.” Also attached to the quote were several paragraphs, including one providing that the quotation was not an offer that could be accepted. In response to the proposal, Hercules submitted a purchase order. The purchase order provided that acceptance of the order expressly limited the terms of the contract to the terms of the purchase order. The purchase order did not contain an indemnity provision. In response to the purchase order, Brown sent Hercules an order acknowledgment, which contained an indemnity provision. The equipment was shipped to Hercules and the agreed-upon purchase price was paid. Sometime later, an employee of Hercules was injured by the equipment and sued Brown. Brown insisted that Hercules honor the indemnity provision, but Hercules refused. Brown filed suit against Hercules seeking the settlement amount it had paid to the injured employee. The trial court found in favor of Brown for indemnification and awarded damages. Hercules appealed to the Missouri Court of Appeals.
Rule of Law
Holding and Reasoning (Stephan, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 541,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.