Legal Opinion
Northrop Corporation, Plaintiff-Appellee/cross-Appellant v. Litronic Industries, Defendant-Appellant/cross-Appellee
Court of Appeals for the Seventh Circuit
Decided July 18, 1994No. 93-3912, 93-4000PublishedCited by 29 opinions
1Opinion of the Court
POSNER, Chief Judge.
“Battle of the forms” refers to the not uncommon situation in which one business firm makes an offer in the form of a preprinted form contract and the offeree responds with its own form contract. At common law, any discrepancy between the forms would prevent the offeree’s response from operating as an acceptance. See Poel v. Brunswick-Balke-Collender Co., 216 N.Y. 310, 110 N.E. 619, 621-22 (1915). So there would be no contract in such a case. This was the “mirror image” rule, which Article 2 of the Uniform Commercial Code jettisoned by providing that “a definite and…
2Cases cited21 opinions
- The Original Great American Chocolate Chip Cookie Company, Incorporated v. River Valley Cookies, Limited, Robert M. Sigel, Paula SigelCourt of Appeals for the Seventh Circuit · 1992
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Daitom, Inc. v. Pennwalt CorporationCourt of Appeals for the Tenth Circuit · 1984
- Harbor Insurance Company v. Continental Bank CorporationCourt of Appeals for the Seventh Circuit · 1991
- Frank E. Dorton and J. A. Castle, Partners, D/B/A the Carpet Mart v. Collins & Aikman Corporation and Painter Carpet Mills, Inc.Court of Appeals for the Sixth Circuit · 1972
16 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- ProCD, Inc. v. ZeidenbergCourt of Appeals for the Seventh Circuit · 1996
- Tralon Corp. v. Cedarapids, Inc.District Court, N.D. Iowa · 1997
- Architectural Metal Systems, Incorporated v. Consolidated Systems, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
- Pace Communications, Incorporated v. Moonlight Design, IncorporatedCourt of Appeals for the Seventh Circuit · 1994
- Reilly Foam Corp. v. Rubbermaid Corp.District Court, E.D. Pennsylvania · 2002
24 more not listed; retrieve them via the Exa API.