Lockheed Electronics Co. v. Keronix, Inc.

Opinion

KINGSLEY, J.

Plaintiff and respondent Lockheed Electronics Company (LEC) sued defendant and appellant Keronix, Inc., for breach of contract. Lockheed and Keronix were merchants within the meaning of section 2104 of the California version of the Uniform Commercial Code.

On February 15, 1974, Keronix issued to LEC its purchase order No. 04963 for certain computer cores to be delivered at the rate of 5 million cores per week starting at the completion of Keronix’s then pending purchase order No. 04298.

The purchase order from Keronix included on its face the following statement: “Vendor-Note…