Comark Merchandising, Incorporated, Plaintiff-Appellant/cross-Appellee v. Highland Group, Incorporated, Defendant-Appellee/cross-Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[a]s between merchants, paragraph 2-207(2)(b) presumes the inclusion of the additional clause unless one of the three exceptions is met,” so party opposing inclusion bears burden of proving exception
• explaining that “[a]s between merchants, paragraph 2-207(2)(b) presumes the inclusion of the additional clause unless one of the three exceptions is met,” so party opposing inclusion bears burden of proving exception
• affirming district court’s conclusion that attorney’s fees term unfairly surprised defendant, and therefore materially altered contract, in absence of evidence that such fees were expected under industry custom or prior dealing between parties
• affirming district court’s conclusion that attorney’s fees term unfairly surprised defendant, and therefore materially altered contract, in absence of evidence that such fees were expected under industry custom or prior dealing between parties
• “Lack of prior dealing is an important factor to consider in determining the existence of unreasonable surprise.”

Source: CourtListener parenthetical corpus (CC0).