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Conwell v. Gray Loon Outdoor Marketing Group, Inc.

906 N.E.2d 805 (2009)

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Conwell v. Gray Loon Outdoor Marketing Group, Inc.

Supreme Court of Indiana

906 N.E.2d 805 (2009)

Facts

Piece of America (POA) (defendant) sold novelty packages of one-square-inch parcels of land in each of the 50 states. POA engaged Gray Loon Outdoor Marketing Group, Inc. (Gray Loon) (plaintiff) to design, publish, and host a website. POA and Gray Loon entered into a contract for that purpose, and Gray Loon designed, launched, and hosted a website for POA. Subsequently, POA and Gray Loon orally agreed to modify the website. However, POA and Gray Loon did not discuss the price of the additional work. Gray Loon made the modifications to the website, but POA did not pay for the work. Gray Loon sued POA to recover payment for the additional work. The trial court determined that Article 2 of the Uniform Commercial Code (UCC) applied and that the contract was valid. POA appealed, and the court of appeals affirmed. The Supreme Court of Indiana granted POA’s petition to transfer.

Rule of Law

Issue

Holding and Reasoning (Shepard, C.J.)

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