Legal Opinion
Resch v. Greenlee Bros. & Co.
Court of Appeals of Wisconsin
Decided December 18, 1985No. 84-2065PublishedCited by 12 opinions
1Opinion of the CourtBrown, P.J.
Fourway Machinery Sales Company appeals from a judgment dismissing its third-party complaint against Donald R. Frantz, d/b/a Frantz Machine Products and Frantz Machine Products, Inc. The major issue in this lawsuit is whether an invoice, sent by Fourway after delivery of a machine, is part of the contract and, if so, whether the indemnification provision of the invoice is binding on Frantz. We conclude that even if the invoice can be said to be part of the contract, the indemnification language of the invoice is a material alteration of the parties' contract under sec. 402.207(2)(b), Stats.,…
2Cases cited12 opinions
- Air Products & Chemicals, Inc. v. Fairbanks Morse, Inc.Wisconsin Supreme Court · 1973
- Album Graphics, Inc. v. Beatrice Foods Co.Appellate Court of Illinois · 1980
- Waters v. United States Fidelity & Guaranty Co.Court of Appeals of Wisconsin · 1985
- Coastal Industries, Inc., a Corporation, Cross-Appellee v. Automatic Steam Products Corp., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
- Taterka v. Ford Motor Co.Wisconsin Supreme Court · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Waukesha Foundry, Incorporated v. Industrial Engineering, IncorporatedCourt of Appeals for the Seventh Circuit · 1996
- C9 Ventures v. SVC-West, L.P.California Court of Appeal · 2012
- Consolidated Papers, Inc. v. Dorr-Oliver, Inc.Court of Appeals of Wisconsin · 1989
- St. Charles Cable TV, Inc. v. Eagle Comtronics, Inc.District Court, S.D. New York · 1988
- Palmer G. Lewis Co. v. ARCO Chemical Co.Alaska Supreme Court · 1995
7 more not listed; retrieve them via the Exa API.