Legal Opinion
Herzog Oil Field Service, Inc. v. Otto Torpedo Co.
Supreme Court of Pennsylvania
Decided February 12, 1990No. 1063PublishedCited by 15 opinions
1Opinion of the Court
BROSKY, Judge.
This is an appeal from a judgment entered upon an order granting in part, and denying in part, requested post trial relief. The heart of the dispute rests in the determination of whether or not terms contained in a written confirmation of an oral contract between the parties and sent after delivery of the goods became part of the agreement under the provisions of § 2-207 of the Uniform Commercial Code. We conclude that they do and therefore, reverse that portion of the order inconsistent with this opinion.
The relevant facts, briefly stated, disclose that on February 3, 1986,…
2Cases cited3 opinions
- Rangen, Inc. v. Valley Trout Farms, Inc.Idaho Supreme Court · 1983
- Johnson Tire Service, Inc. v. Thorn, Inc.Utah Supreme Court · 1980
- United Coal & Commodities Co., Inc. v. Hawley Fuel Coal, Inc.Supreme Court of Pennsylvania · 1987
3Cited by15 opinions
- Altronics of Bethlehem, Inc. Altronics of Philadelphia, Inc. v. Repco, Inc.Court of Appeals for the Third Circuit · 1992
- Step-Saver Data Systems, Inc. v. Wyse Technology and the Software Link, IncCourt of Appeals for the Third Circuit · 1991
- The American Insurance Company v. El Paso Pipe And Supply Co.Court of Appeals for the Tenth Circuit · 1992
- Parker Oil Co. v. Mico Petro & Heating Oil, LLCSuperior Court of Pennsylvania · 2009
- Rocheux International of New Jersey, Inc. v. U.S. Merchants Financial Group, Inc.District Court, D. New Jersey · 2010
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