Bazak International Corp. v. Mast Industries, Inc

Facts

Defendant approached Plaintiff with an opportunity to purchase close out textiles. The parties orally negotiated all of the terms except price. The next day the parties agreed to a price of $103, 330. Defendant indicated that Plaintiff would receive written invoices the next day and that the ordered textiles would be delivered shortly. No invoices arrived, but Defendant told Plaintiff that the invoices were on their way. Later, Plaintiff, upon request of Defendant, sent five purchase orders to Defendant. The same day, Plaintiff received written confirmation that Defendant received the purchase orders. No objection to the terms was made. Defendant never delivered the textiles. The first four of Plaintiff’s purchase orders are separate orders, but the fifth is a summarization of all of the orders and provides the price. The orders included a printed disclaimer that they are only offers and that they are not a contract unless accepted in writing, but the disclaimer was written in terms of Plaintiff being the seller. Plaintiff signed the forms, but Defendant did not sign them.