LEONARD PEVAR COMPANY V. EVANS PRODUCTS CO., 524 F.Supp. 546 (1981) CASE BRIEF

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:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment