Axelson, Inc. v. McEvoy-Willis, a Division of Smith International (North Sea), Ltd.

DUHÉ, Circuit Judge:

This ease presents classic battle-of-the-forms questions. 1 We must determine which of various writings, if any, was an offer, which an acceptance, and the final terms of the perfected contract. Understanding how the parties arrived at a contract must turn on an examination of the parties’ negotiations and conduct. We affirm, holding that the parties concluded a contract without agreeing to a cancellation provision. The law fills in the gap left by the parties. Alternatively, the cancellation provision in the initial quotation may have been part of the contract, but…