Legal Opinion
Schulze and Burch Biscuit Company v. Tree Top, Inc.
Court of Appeals for the Seventh Circuit
Decided September 10, 1987No. 86-2679PublishedCited by 52 opinions
1Opinion of the Court
ESCHBACH, Senior Circuit Judge.
In this diversity case governed by the Uniform Commercial Code as adopted in Illinois, the principal issue is whether the inclusion of an arbitration clause in a confirmation form is a “material addition” to a contract for the sale of apple powder, where the same clause appeared in confirmation clauses sent in each of nine similar previous transactions between the contracting parties. Under § 2-207 of the Uniform Commercial Code, an additional term in a confirmation form becomes part of the contract only if it does not materially alter the contract.…
2Cases cited16 opinions
- In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
- N&d Fashions, Inc., a Minnesota Corporation and Nelly Don, Inc., a Missouri Corporation v. Dhj Industries, Inc., a New York CorporationCourt of Appeals for the Eighth Circuit · 1977
- 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
- Schubtex, Inc. v. Allen Snyder, Inc.New York Court of Appeals · 1979
- Album Graphics, Inc. v. Beatrice Foods Co.Appellate Court of Illinois · 1980
11 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Sharon Floss v. Ryan's Family Steak Houses, Inc., Kyle Daniels v. Ryan's Family Steak Houses, Inc.Court of Appeals for the Sixth Circuit · 2000
- Avedon Engineering, Inc. v. SeatexCourt of Appeals for the Tenth Circuit · 1997
- Step-Saver Data Systems, Inc. v. Wyse Technology and the Software Link, IncCourt of Appeals for the Third Circuit · 1991
- In Re Cotton Yarn Antitrust LitigationCourt of Appeals for the Fourth Circuit · 2007
- P&P Industries, Inc. v. Sutter CorporationCourt of Appeals for the Tenth Circuit · 1999
47 more not listed; retrieve them via the Exa API.