R. M. Schultz & Associates v. Nynex Computer Services Co.
United States District Court for the Northern District of Illinois
1994 WL 124884 (1994)

- Written by Rich Walter, JD
Facts
R. M. Schultz & Associates, Inc. (Schultz) (plaintiff) designed computer systems for an advertising firm. The firm hired Nynex Computer Services Company (Nynex) (defendant) to install the systems in retail stores. Schultz accused Nynex of ordering 100 specially modified systems and then repudiating the order after Schultz had already modified and stockpiled many systems. Schultz sued Nynex in federal district court for breach of contract. Schultz’s only proof that a contract existed was a purchase order specifying the number of systems and a price term. The order bore Nynex’s letterhead and the signatures of two Nynex officers. However, Nynex addressed the order to a third-party merchant rather than to Schultz. Schultz proffered testimony that the third-party merchant was the designated middleman for transmitting Nynex’s orders to Schultz. Nynex accepted the truth of Schultz’s allegations for the purpose of responding to Schultz’s motion for summary judgment. However, in filing its own motion for summary judgment, Nynex denied each of Schultz’s allegations.
Rule of Law
Issue
Holding and Reasoning (Nordberg, J.)
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