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Contracts – Breach of Contract; Offer; Course of Dealing
cassiejohnson//July 25, 2014//
Where a buyer brought claims of breach of contract, fraud and unjust enrichment in a dispute over a failed computer storage area network after the defendant refused to take back the system, the District Court erred in ruling that the invoice, which was sent after the offer and acceptance had already created a contract, integrated the contract with respect to terms not included in either the offer or acceptance, and the issue of whether the parties’ course of dealing supplemented the agreement remained, so the judgment is reversed and remanded. Judgment reversed, remanded.
13-1766 BVS, Inc. v. CDW Direct, LLC, appealed from Northern District of Iowa, Bye, J.
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