The American Insurance Company v. El Paso Pipe And Supply Co.

How courts have described this case

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

• applying New Mexico’s UCC provisions, and determining that the trial court must make findings of fact regarding whether the additional term constituted a material alteration
• noting general agreement among jurisdictions that whether addition is material alteration is question of fact
• noting general agreement among jurisdictions that whether addition is material alteration is question of fact
• remanding the case to the district court to apply the “appropriate criteria” for determining unreasonable surprise.
• “The majority of courts reviewing whether an addition to a contract constitutes a material alteration hold that it depends on the unique facts of every case.”
• ‘We can readily understand why ... [a] provision allowing for interest on overdue invoices became a part of the agreement. It is precisely one of the examples of clauses that do not constitute material alterations listed in Comment 5.”

Source: CourtListener parenthetical corpus (CC0).