Frank E. Dorton and J. A. Castle, Partners, D/B/A the Carpet Mart v. Collins & Aikman Corporation and Painter Carpet Mills, Inc.

How courts have described this case

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

• under Tennessee U.C.C. Sec. 2-207(1), no contract formed if acceptance expressly conditioned on assent to additional terms
• “Although Collins & Aikman’s use of the words ‘subject to’ suggests that the acceptances were conditional to some extent, we do not believe the acceptances were “expressly made conditional . . . .’”
• “[A]lthough Subsection 2-207(2)(c) provides that certain additional terms can be accepted by the offeror’s failure to object, nothing in the Code suggests that silence or inaction can be recognized as an offeror’s assent in the present context.”

Source: CourtListener parenthetical corpus (CC0).