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Contracts Keyed to Farnsworth
C. Itoh & Co. (America) Inc. v. Jordan Int’l Co.
Citation:552 F.2d 1228
C. Itoh & Company (America) Inc. (“Itoh”) (plaintiff) sent Jordan International Company (“Jordan”) (defendant) a purchase order for steel coils. Jordan sent Itoh back an acknowledgment form. One of the provisions on the back of the form was an arbitration clause (which was not part of Itoh’s purchase order). The acknowledgement form also stated that the seller’s acceptance was expressly conditional on the buyer’s assent to additional or different terms contained on the front and back of the form. Jordan delivered the steel. Itoh sued Jordan, alleging that the delivered steel was defective and late. Jordan moved to stay the proceedings pending arbitration and the motion was denied. Jordan appealed to the United States Court of Appeals for the Seventh Circuit.
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