Burroughs Corp. v. Chesapeake Petroleum & Supply Co.

The dispute in this case arises out of a contract to sell a computer and certain computer programs. The facts are as follows. By an “Equipment Sale Contract” signed on April 2, 1971, the plaintiff-appellee Chesapeake Petroleum and Supply Company ordered from the defendant-appellant Burroughs Corporation one L-5000 magnetic record computer and “application software.” An “Addendum for Application Software Support,” signed by both parties on the same date and incorporated into the Equipment Sale Contract, described the software as computer programs for “billing, A/R, Inventory, cash receipts,…