Contracts Keyed to George
Interstate Industries, Inc. v. Barclay Industries, Inc.
Facts
Barclay Industries, Inc. (Barclay) (defendant) made fiberglass panels and sold them to Interstate Industries, Inc. (Interstate) (plaintiff) for many years. At a certain point during the parties' business relationship, Barclay sent a letter to Interstate showing that it could produce another kind of fiberglass panel. The letter incorporated the costs that would be charged and explicitly expressed that the "value citation depends on requests of 75,000 sq. ft., or more (truckload quantities) freight paid ahead of time, F.O.B. Lodi, New Jersey." Shortly from that point, Interstate sent two purchase orders for the fiberglass panels to Barclay's office. After two months, Barclay educated Interstate that it couldn't give the panels as requested. Interstate recorded suit in federal court against Barclay for breach of the agreement. Barclay recorded a motion to dismiss the complaint or in the other option to quash the return of service because the court lacked personal jurisdiction over Barclay. The district court denied Barclay's motion, yet enabled the organization to document an interlocutory appeal to the U.S. Court of Appeals.
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