Modern Heat & Power Company v. Paul

MOORE, Justice.

The factual circumstances giving rise to this litigation are similar to countless other cases brought before the court in which seemingly sound, well-planned business transactions have gradually degenerated to a state necessitating judicial resolution.

On October 12, 1964 defendant Robert C. Paul signed a purchase order for “1 Bishop Steelite Deluxe Pear-Shaped Swimming Pool with tapered Wall, Knocked-down, unassembled and uninstalled — f. o. b. Carlisle, Iowa”.

This purchase order listed the items to be furnished by plaintiff Modern Heat & Power Company. It also included:

“TERMS:…