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Luna Innovations Inc. v. Verner Science, Inc.
United States District Court for the Western District of Virginia
2017 WL 1498108 (2017)
In December 2015, Luna Innovations Inc. (Luna) (plaintiff) sent Verner Science, Inc. (Verner) (defendant) a price quote for fiber-optic testing equipment. Verner responded with a purchase order with terms that differed from the quote, including the shipping date. Under the purchase order, Luna would ship the goods upon notice that Verner was ready for the shipment. Luna responded with a sales order with a shipping date of on or before January 15, 2016. The parties continued discussing the shipping date, with Luna taking the position that shipping must be completed before the end of 2015. Verner continued to take the position that shipping was to be completed upon Verner’s notice to Luna. Ultimately, Luna shipped the goods on December 31, 2015. Luna also stated that it would not accept a return of the goods. Nevertheless, Verner returned the goods in March 2016. Luna sued Verner, seeking an order requiring Verner to pay the purchase price of the goods. Verner argued that a contract was not formed, because Verner never advised Luna to ship the goods. Verner moved for summary judgment.
Rule of Law
Holding and Reasoning (Urbanski, J.)
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