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Contracts Keyed to Calamari
Marvin Lumber and Cedar Co. v. PPG Industries, Inc.
Citation:United States Court of Appeals, Eighth Circuit, 2003. 401 F.3d 901
Plaintiff manufactured wooden doors and windows, and bought wood preservatives and coating from the defendant. Defendant sent Plaintiff acknowledgments of their purchase orders. On the front of the purchase order, defendant stated that it filled orders with the understanding that the only terms to which it consented were set forth in the acknowledgement. There was a signature line directly below this statement, but none of the purchase orders had ever been signed. The back of the purchase order, in fine print, stated that defendant’s liability for damages would never exceed the purchase price of the products. Plaintiff filed suit several years after purchasing the defendant’s preservative, claiming that it had failed to prevent premature rot and decay in their wood products.
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