Legal Opinion

Magallanes Investment, Inc. v. Circuit Systems, Inc.

Court of Appeals for the Seventh Circuit

Decided June 25, 1993No. 92-2142PublishedCited by 18 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

This case raises the interesting issue of whether a series of telexes exchanged between shipping brokers constituted a binding contract for the sale of the ship Acacia. The parties here made written offers and counter-offers, converged on the price and details of a sale, and concluded their correspondence with “deal confirmed * * * we give you hereunder recapitulation of terms and conditions agreed” (buyer) and “pleased to confirm agreement to your recap of terms” (seller). 1 Ordinarily courts would call this exchange a contract. Here, however, relying on a clause…

2Cases cited20 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  3. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  4. St. Mary's Medical Center of Evansville, Incorporated v. Disco Aluminum Products Company, Incorporated, N/k/a Luminar Products, IncorporatedCourt of Appeals for the Seventh Circuit · 1992
  5. Three Valleys Municipal Water District v. E.F. Hutton & Co.Court of Appeals for the Ninth Circuit · 1991

15 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. In the Matter of William J. Stoecker, Debtor. Appeal of Thomas E. Raleigh, as Chapter 7 Trustee for the Estate of William J. StoeckerCourt of Appeals for the Seventh Circuit · 1993
  2. John Russell Webster, Cross-Appellants v. The City of Houston, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
  3. Gregory Glass v. Kemper CorporationCourt of Appeals for the Seventh Circuit · 1998
  4. Herman Family Revocable Trust v. Teddy BearCourt of Appeals for the Ninth Circuit · 2001
  5. Herman Family Revocable Trust v. Teddy BearCourt of Appeals for the Ninth Circuit · 2001

13 more not listed; retrieve them via the Exa API.

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