Ridgelawn Cemetery Association v. Granite Resources Corp.

2017 WL 3783401 (2017)

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Ridgelawn Cemetery Association v. Granite Resources Corp.

United States District Court for the Northern District of Indiana
2017 WL 3783401 (2017)

Mary Phelan D'Isa headshot
  • Written by Mary Phelan D'Isa, JD
Ridgelawn Cemetery Association v. Granite Resources Corp.

Facts

Ridgelawn Cemetery Association (Ridgelawn) (plaintiff) ordered a granite monument from Granite Resources Corporation (GRC) (defendant). GRC responded by faxing an order acknowledgment and invoice to Ridgelawn. Allegedly printed on the back of those documents was a forum-selection clause requiring any dispute arising out of the transaction to be litigated in Wisconsin state court. When the monument cracked and GRC refused Ridgelawn’s demand for a replacement, Ridgelawn sued GRC for breach of contract in federal court in Indiana. GRC, citing the forum-selection clause, moved to dismiss the case. Ridgelawn admitted to receiving the order acknowledgment and invoice and contended that they did not contain a forum-selection clause or any other additional terms. What ensued was a battle of the forms to determine the enforceability of the forum-selection clause.

Rule of Law

Issue

Holding and Reasoning (Van Bokkelen, J.)

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Casebooks

Contracts

Key Terms

  • Battle of the FormsA term used to describe contractual disputes where different written instruments are exchanged by the parties in forming a contract under § 2-207(1) of the Uniform Commercial Code.
  • Uniform Commercial Code § 2-207A provision of the Uniform Commercial Code (UCC) governing the exchange of forms between merchants. Under UCC § 2-207, a written confirmation of an offer may be treated as a rejection or counteroffer if it contains additional or different terms from the offer, and is expressly made conditional on the original offeror’s assent to the additional or different terms.
  • UCC § 2-207(2)A provision of the Uniform Commercial Code that states that additional terms contained in an acceptance of a contract should be construed as proposed additions to the contract that will be added unless exceptions apply.

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