![]() On January 19, 1976, Brown Machine received Hercules' written purchase order No. Will issue revision when formal purchase order received." The written order noted that "customer gave verbal P.O. Fassett issued a work order that day giving the shop instructions concerning the trim press equipment, followed by a written order the next day. Wilson that Brown Machine could not waive the deposit and that an invoice for payment would be forwarded to Hercules. Fassett, Brown Machine's product manager, Mr. 03361 in response to Brown Machine's proposal but that Hercules had objected to the payment term requiring a twenty percent deposit be paid with the order. Ryan's call report reflected that Hercules had prepared its purchase order No. On January 7, 1976, he telephoned Jim Ryan at Brown Machine. Tim Wilson, Hercules' purchasing agent, reviewed the proposal submitted by Brown Machine. ![]() The purchaser agrees to indemnify and hold BROWN harmless from all actions, claims, or demands arising out of or in any way connected with the IOS, its operation, use or misuse, or the design construction or composition of any product made or handled by the IOS, including all such actions, claims, or demands based in whole or in part on the default or negligence of BROWN. LIABILITY: The purchaser agrees to pay in behalf of BROWN all sums which BROWN becomes legally obligated to pay because of bodily injury or property damage caused by or resulting from the use or misuse of the IOS, including reasonable attorneys fees and legal expenses. The eighth paragraph provided as follows:Ĩ. Attached to the proposal was a printed form of fifteen paragraphs in boilerplate style captioned "TERMS AND CONDITIONS OF SALE". The proposal set out sixteen numbered paragraphs describing the machine to be sold. 51054 for the model T-100 trim press to Hercules. On November 7, 1975, Brown Machine submitted its original proposal No. ![]() Bruce Boardman, an engineer at Hercules, asked Jim Ryan, Brown Machine's district sales manager, to send Hercules a quote for a trim press. The initial sales negotiations between the two companies for the trim press began in October 1975. The trim press was a piece of equipment apparently used in manufacturing Cool Whip bowls. In early 1976 Brown Machine had sold appellant Hercules a T-100 trim press. Plus interest after a jury verdict in favor of Brown Machine in its action against Hercules for indemnification. ("Hercules") appeals from the judgment of the trial court awarding respondent Brown Machine $157,911.55 Motion for Rehearing and/or Transfer to Supreme CourtĪpplication to Transfer Denied June 13, 1989. 770 S.W.2d 416 9 UCC Rep.Serv.2d 480 BROWN MACHINE, DIVISION of JOHN BROWN, INC., a Delaware
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |