Legal Opinion

Advance Conveying Technologies v. Lemartec Corporation

Court of Appeals for the Eighth Circuit

Decided July 25, 2019No. 18-2345Published

1Opinion of the Court

WOLLMAN, Circuit Judge.

Following a four-day bench trial, the district court 1 entered judgment in favor of Advance Conveying Technologies, LLC (ACT), on ACT's breach of contract claim against Lemartec Corporation (Lemartec). On appeal, Lemartec argues that the district court erred in concluding that Lemartec's bid package was incorporated into the parties' contract (the purchase order). Although we conclude that the bid package was not so incorporated in so many words, we nonetheless affirm the judgment, because when the contract is considered in light of the usage-of-trade evidence that the…

2Cases cited7 opinions

  1. Leonard v. Dorsey & Whitney LLPCourt of Appeals for the Eighth Circuit · 2009
  2. C-Thru Container Corp. v. Midland Manufacturing Co.Supreme Court of Iowa · 1995
  3. Hofmeyer v. Iowa District Court for Fayette CountySupreme Court of Iowa · 2001
  4. Longfellow v. SaylerSupreme Court of Iowa · 2007
  5. Lesch v. United StatesCourt of Appeals for the Eighth Circuit · 2010

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