Intersystems, Inc. v. West

SCHOTT, Chief Judge.

This is a suit by the vendor of equipment, Intersystems, against the purchaser, HNV, for the purchase price. HNV claimed the parties entered into a contract to rescind the sale. From a judgment in favor of HNV, Intersystems has appealed. The issue is whether a telefaxed unsigned document constituted an offer binding on Intersystems when the document itself stipulated that the document had to be signed in order for it to be binding.

Early in 1988, Intersystems sold and delivered to HNV grain handling equipment for the price of $46,738.84. HNV discovered that it was unable to…