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Commercial Law Keyed to Whaley
Frix v. Integrity Medical Systems, Inc.
Citation:
2017 WL 4171987 (W.D. Tenn. Sep. 20, 2017)Facts
Plaintiff was the owner and operator of several medical clinics who sought to expand the services available to his patients by placing a 64-slice CT scanner and new mammography equipment in his mobile trailer. Plaintiff solicited bids from medical equipment companies to remove the 4-slice CT scanner currently in his mobile trailer and to install the new equipment. Defendant submitted the lowest bid, which was accepted by Plaintiff and resulted in a contract. Plaintiff alleged that he simply accepted the terms of the bid while Defendant argued that Plaintiff also accepted the terms of a Purchase Agreement document which was faxed to the doctor shortly after he had accepted the bid via email. Before the court was Plaintiff’s motion for partial summary judgment as to whether Plaintiff was considered a merchant under UCC §2-207(2), which would potentially make the Purchase Agreement binding.
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