Egan Machinery Co. v. Mobil Chemical Co.
United States District Court for the District of Connecticut
660 F. Supp. 35 (D. Conn. 1986)
Mobile Chemical Co. (Mobile) (defendant) submitted an order to Egan Machinery Co. (Egan) (plaintiff) for a precoater. Mobile’s order contained the following provision: “Important—this order expressly limits acceptance to terms stated herein, and any additional or different terms proposed by seller are rejected unless expressly agreed to in writing.” The order’s terms did not include an indemnification clause. In response, Egan sent an order acknowledgement, which stated the following: “this offer is accepted on the condition that our Standard Conditions of Sale, which are attached hereto and made a part hereof, are accepted by you.” Egan then sent the precoater to Mobile. Egan’s Standard Conditions of Sale included a clause indemnifying Egan under certain conditions from claims arising from accidents related to the precoater. A Mobile employee was injured while using the precoater. The employee won a monetary judgment against Egan. Egan filed suit to recover that judgment from Mobile based on the indemnification clause in the Standard Conditions of Sale. Mobile filed a motion for summary judgment, arguing that the indemnification clause did not become part of the contract.
Rule of Law
Holding and Reasoning (Smith, J.)
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