Leonard Pevar Co. v. Evans Products Co.

524 F. Supp. 546 (1981)

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Leonard Pevar Co. v. Evans Products Co.

United States District Court for the District of Delaware
524 F. Supp. 546 (1981)

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Facts

According to Leonard Pevar Company (Pevar) (plaintiff), Pevar entered an oral sales contract by phone to purchase plywood from Evans Products Company (Evans) (defendant). Evans admitted to the call but denied entering an oral sales contract. After the call, Pevar sent Evans a written purchase order stating price, quantity, and shipping instructions. In response, Evans sent Pevar an acknowledgment. On the reverse side, in boilerplate language, the acknowledgment stated that the existence of a sales contract was expressly contingent on Pevar’s acceptance of the acknowledgment’s terms. Those terms included disclaimers of most warranties and a limitation of buyer’s remedies. Pevar subsequently accepted delivery and paid for the plywood. However, Pevar later sued Evans, alleging a breach of express and implied warranties. Evans denied liability, claiming it had disclaimed warranties and limited its liability in the parties’ contract. Both parties moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Latchum, C.J.)

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