White Consolidated Industries, Inc. v. McGill Manufacturing Co.

165 F.3d 1185 (1999)

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White Consolidated Industries, Inc. v. McGill Manufacturing Co.

United States Court of Appeals for the Eighth Circuit
165 F.3d 1185 (1999)

Facts

McGill Manufacturing Co. Inc. (McGill) (defendant) mailed White Consolidated Industries, Inc. (Frigidaire) (plaintiff), a subsidiary of Frigidaire Company, a quote for certain equipment, which contained sufficiently definite terms and indicated that Frigidaire could immediately accept the offer. In response, Frigidaire sent McGill a purchase order that conditioned its acceptance on McGill’s assent to every term in the purchase order, which contained additional or different terms, including certain warranties, pricing, and a merger clause. McGill’s sales representative signed the purchase order but corrected the pricing. Thereafter, McGill shipped the equipment to Frigidaire, and Frigidaire accepted and paid for the equipment. A dispute subsequently arose between the parties, and Frigidaire sued McGill for breach of contract. Frigidaire moved for partial summary judgment as to the interpretation of the contract and argued that it was entitled to judgment as a matter of law because its purchase order exclusively set forth the terms of the parties’ contract. The district court disagreed, denied Frigidaire’s motion, and held that this was a “battle of the forms” case within the meaning of Uniform Commercial Code (UCC) § 2-207. A jury ruled in McGill’s favor. Frigidaire appealed.

Rule of Law

Issue

Holding and Reasoning (McMillian, J.)

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