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· 1/15/1962

Roto-Lith, Ltd. v. F. P. Bartlett & Co., Inc.

Citations

  • 297 F.2d 497
  • 1 U.C.C. Rep. Serv. (West) 73
  • 1962 U.S. App. LEXIS 6193

How courts have described this case

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

  • holding that inclusion of warranty disclaimer in seller’s acknowledgment form prevented the formation of a contract under Section 2-207(1)
  • holding that unrebutted presumption of receipt existed where defendant’s evidence indicated that it prepared and mailed the acknowledgment, and plaintiffs witness testified that he did not know whether acknowledgment was received.
  • noting that under § 2-206 of the UCC, “mailing the acknowledgment would clearly have completed the contract in Massachusetts by acceptance had the acknowledgment not sought to introduce new terms”
  • “Plaintiff accepted the goods with knowledge of the conditions specified in the acknowledgment”
  • expressly abstains from deciding this

Source: CourtListener parenthetical corpus (CC0).

Judges: Woodbury, Hartigan, Aldrich

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.