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Contracts Keyed to Epstein
J.D. Fields & Company, Inc. v. United States Steel International, Inc.
Citation:
United States Court of Appeals, Fifth Circuit* 426 Fed.Appx. 271 (2011)Facts
There was a typical course of dealing between USSI and J.D. Fields. On most occasions, J.D. Fields would request a price quotation, receive that price quotation, send a purchase order, receive an order acknowledgement, and then USSI would ship the product and send Fields the invoice. This case is about two separate price quotations that plaintiff asserts were offers that were accepted by submitting purchase orders.
Order 45850: A representative for Fields sent an email to a USSI representative requesting “price and delivery options.” The USSI representative sent an email that stated “I can offer” and included product information and states the quote was valid for 14 days. The Fields representative requested a modification to the product, and USSI responded with a new price quote. 5 days later, Fieldes faxed purchase order 45850. 3 days after that, Fields asked for clarification about when the steel would be rolled, and USSI responded that they would need to change the purchase order to 100 tons worth of steel for them to do it. Fields did not send a new purchase order.
On March 26nd, the agent for Fields contacted USSI asking for an update on their order. USSI responded that they were looking to increase the order to 100 tons, but there was an alleged phone call where Fields said they would buy up to 100 tons if they needed. After requesting another update, USSI said they were not accepting new orders, and that the earlier conversation was not a proper offer.
Purchase Order 46110:
On March 5, 2008, Fields emailed USSI stating they wanted another quote. USSI responded saying “we can offer” with a list of product specifications on March 13. On March 18, Fields sent in an offer, but it is entirely unclear what happened to this order after that fax.
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