Thomson Printing Machinery Co. v. B. F. Goodrich Co.

714 F.2d 744 (1983)

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Thomson Printing Machinery Co. v. B. F. Goodrich Co.

United States Court of Appeals for the Seventh Circuit
714 F.2d 744 (1983)

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Facts

On April 10, 1979, Thomson Printing Machinery Company (Thomson) (plaintiff) met with an agent at B. F. Goodrich Company (Goodrich) (defendant) about the purchase of printing machinery. Thomson discussed the sale terms and the price with the agent. Four days later, Thomson sent a purchase order and a check to Goodrich. Both the check and the purchase order contained Thomson’s contact information. The purchase order also contained information about the machinery purchase. Goodrich refused to perform the contract and Thomson sued. The trial court found for Goodrich stating that the contract was unenforceable because the Statute of Frauds applied. Thomson appealed arguing that the “merchants” exception to the Uniform Commercial Code took the contract outside the Statue of Frauds.

Rule of Law

Issue

Holding and Reasoning (Cudahy, J.)

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