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Unformatted text preview: remaining 950 vials at lower price. Whether Lederle agreed to sell Corinthian 1000 vials at 64.32 ea. Corinthians order of the 1000 vials was merely an offer, and the computer generated tracking # was not a valid form of acceptance. In the same respect, the fifty vials at the lower price was not considered an acceptance because of the notification of accommodation letter. Summary Judgement for D. granted When notification is properly made, shipment of nonconforming goods is treated as a counteroffer, not as acceptance to the original offer....
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- Spring '08