Therma-Coustics Manufacturing, Inc. v. Borden, Inc.

Opinion

McDANIEL, J.

This appeal presents for the first time in this state an occasion to interpret section 2207 of the California Uniform Commercial Code {infra) as it operates to permit an offeree seller to accept an offer to purchase on terms not contained in the offer, which are yet binding on the offeror buyer, provided such terms do not represent a “material alteration” of the contract. Here the offeree seller’s invoices contained a printed limitation of one year within which the buyer could commence an action “under this contract” after such action had accrued. On the facts before it,…