OSKEY GASOLINE AND OIL COMPANY INC. v. OKC Refining Inc.

NEVILLE, District Judge.

This case presents an interesting and novel question as to the meaning and application of Section 2-207 of the Uniform Commercial Code, Minn.Stat. § 336.2-207. It arises because one of the parties to a proposed agreement inserted before signing, over the other party’s signature who had tendered it, additional language which was designed to conform the agreement to the parties past practices. The agreement when so altered and signed was returned to the original signator who for some period of time performed thereunder. The issue now raised upon cessation of such…