Clayton X-Ray Co. v. Professional Systems Corp.

KENNEDY, Presiding Judge.

Clayton X-Ray Company was in the business of selling x-ray machines, x-ray film and chemicals used to develop the film to doctors and hospitals. It entered into a contract for the purchase of a computer system from Professional Systems Corporation, including the machine itself and software for the management and control of Clayton X-Ray Company business operations.

The written contract, entitled “Agreement to Purchase” was actually signed by John Clayton, Clayton X-Ray’s president, in February, 1983. He had had the contract in his possession, however, since March 15,…