CBS, Inc. v. Auburn Plastics, Inc.
New York Supreme Court, Appellate Division
67 A.D.2d 811 (1979)
The defendant issued price quotations for plastic molds, including a mold-acquisition charge. The plaintiff sent the defendant purchase orders for molds that did not contain this charge. The defendant acknowledged the purchase orders and incorporated in such acknowledgments the acquisition charge. The defendant did not make the acknowledgments conditional on the plaintiff’s assent to the acquisition charges. The plaintiff sued the defendant. The trial court ruled in favor of the plaintiff, finding that under the Uniform Commercial Code (UCC), § 2-207, the acquisition charges the defendant included in its acceptance did not become part of the contract. The defendant appealed.
Rule of Law
Holding and Reasoning (Per curiam)
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