From our private database of 14,100+ case briefs...
Nordyne, Inc. v. International Controls & Measurements Corp.
United States Court of Appeals for the Eighth Circuit
262 F.3d 843 (2001)
For approximately 10 years, Nordyne, Inc. (Nordyne) (plaintiff) purchased from International Controls & Measurements Corporation (ICM) (defendant) electronic defrost control panels for use in its manufactured heating, ventilation, and air conditioning equipment. After it began manufacturing a new version of the control panel to Nordyne’s specifications, ICM sent a price quotation to Nordyne to meet its needs. The quote included quantity, price, a time in which to accept, and noted that shipment would be “net 30 days; F.O.B. Syracuse, New York” and that all orders were non-cancelable and non-refundable. Thereafter, Nordyne requested samples of the new control panel which ICM delivered with a letter stating that if Nordyne was satisfied with the panels to “sign off” on the document and return to ICM so that it could fulfill the company’s production requirements. Nordyne accepted ICM’s offer and began receiving shipments of the new control panel. After Nordyne experienced problems with the panels, it filed suit in federal court against ICM for breach of warranty. ICM filed a motion to dismiss the complaint for improper venue based on a forum-selection clause contained in the signed documentation. The district court granted ICM’s motion. Nordyne appealed.
Rule of Law
Holding and Reasoning (Arnold, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.