LEONARD PEVAR COMPANY V. EVANS PRODUCTS CO.
524 F.Supp. 546 (1981)
NATURE OF THE CASE: This was a dispute over the sale of plywood.
FACTS: Pevar (P) sought a source of supply for plywood to use on construction projects in
Pennsylvania. Evans (D) quoted the lowest price for the wood. On October 12, 1977, P had a
phone conversation with D to obtain a price quotation. P then claims her called D to order
wood and entered into an oral contract with D. D admits the call but denies a contract. P
then sent a written purchase order and in the order P did not make any reference to
warranties or remedies. D sent an acknowledgment with boilerplate that indicated the
contract of sale was expressly conditioned upon P's acceptance to all terms of the contract.
One of the terms disclaimed most warranties and limited the buyer's remedy by restricting
liability if the plywood proved defective. The plywood proved defective and P sued D. Both
parties applied for summary judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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