Empire MacHinery Co. v. Litton Business Telephone Systems

JACOBSON, Presiding Judge.

This is a contract action in which we are called upon to determine whether execution of a “home office acceptance” clause is the exclusive means by which a contract can be made binding.

This action was instituted by Empire Machinery Co. (Empire) against Litton Systems Co. and various divisions and subsidiary companies of Litton Systems Co. (collectively referred to as Litton) seeking damages for breach of a contract to install an “interconnect” telephone system for Empire’s use. On cross-motions for summary judgment, the trial court granted judgment in favor of…