Legal Opinion
Hill's Pet Nutrition, Inc. v. Fru-Con Construction Corporation and Fru-Con Engineering Inc.
Court of Appeals for the Seventh Circuit
Decided January 2, 1997No. 96-1476PublishedCited by 5 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Parties who have ongoing business relations can establish a contract even when they have not been able to agree on all terms, and the mirror-image rule applicable to executory agreements therefore has not been satisfied. See Roberts & Schaefer Co. v. Merit Contracting, Inc., 99 F.3d 248 (7th Cir.1996); Restatement (2d) of Contracts § 34(2) (1981); E. Allan Farnsworth, I Farnsworth on Contracts § 3.8c (1990). A corollary to this principle is that the contract contains only the agreed-on terms; one side cannot use partial agreement to enforce proposals to which the…
2Cases cited7 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
- Venture Associates Corporation v. Zenith Data Systems CorporationCourt of Appeals for the Seventh Circuit · 1996
- Roberts & Schaefer Company, a Delaware Corporation v. Merit Contracting, Incorporated, a Pennsylvania CorporationCourt of Appeals for the Seventh Circuit · 1996
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3Cited by5 opinions
- Wisconsin v. Ho-Chunk NationCourt of Appeals for the Seventh Circuit · 2008
- Linea Naviera De Cabotaje, C.A. v. Mar Caribe De Navegacion, C.A.District Court, M.D. Florida · 2001
- Bahoor v. Varonis Systems, Inc.District Court, N.D. Illinois · 2015
- Wisconsin v. Ho-Chunk NationDistrict Court, W.D. Wisconsin · 2008
- State of Wisconsin v. Ho-Chunk NationCourt of Appeals for the Seventh Circuit · 2008