Pcs Nitrogen Fertilizer, L.P., F/k/a Arcadian Fertilizer, L.P. v. The Christy Refractories, L.L.C.

How courts have described this case

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

• holding that the offeree’s writing “was not a valid acceptance under UCC § 2–207(1), [but] that the parties nonetheless created a contract under UCC § 2-207(3) through their subsequent conduct[.]”
• holding that the offeree’s writing “was not a valid acceptance under UCC § 2–207(1), [but] that the parties nonetheless created a contract under UCC § 2–207(3) through their subsequent conduct[.]”
• finding that acceptance and payment of goods establishes a contract
• addressing the assent needed for a party to be bound to specific contract terms
• insufficient proof of course of dealing to integrate an arbitration provision into the contract when the buyer did not expressly assent to the term
• mere acceptance of and payment for goods does not constitute acceptance of all the terms in the seller’s counter-offer and create a contract that included an arbitration agreement

Source: CourtListener parenthetical corpus (CC0).