QST LA 245 Lecture Notes - Lecture 6: Summary Judgment, Strategic Defense Initiative, Purchase Order

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Verbal agreement to do carpeting and tiling in delta star office, michael sent writing, delta star paid it, then delta star wanted to cancel the order. The purchase order was a writing in any event, stated in the lower court. Court decided that the tiling was not specially manufactured because it was a sample, and just because they had never ordered that type for a customer doesn"t make it special . Invoice confirms the parties agreement for the entry-way flooring, the trial court ruled that delta star admitted there was an existence to a contract, but there was only one for the entry-way. Court says delta star hadn"t agreed to order for the rest of the office yet, the trial court was in erred in over-ruling delta"s fraud defense. Deals with the battle of the forms that can arise when a buyer places an order using his pre-printed form and the seller acknowledges with its own pre-printed form.

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