Brown Machine, Inc. v. Hercules, Inc.

Brown Machine, Inc. v. Hercules, Inc. - Contracts 9/19...

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Contracts 9/19 Mutual Assent Brown Machine, Inc. v. Hercules, Inc., Missouri Court of Appeals, 1989 Facts : In early 1976, Brown Machine sold Hercules a T-100 trim press to be used in manufacturing Cool Whip bowls. Initial negotiations began in October 1975. Brown’s original proposal (11/7/75) No. 51054 stated: “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 item of sale.” January 7, 1976: Hercules objected to the payment term requiring a 20% deposit. Brown said they could not waive the deposit and that an invoice for payment would be forwarded to Hercules. Hercules also said it should be “reverse trim” and not “standard regular forward trim.” On January 19, 1976, Brown received Hercules’ written purchase order No. 03361 dated January, 6, and it contained no indemnity provision. 2 copies of P.O.: one was marked “Acknowledgment” with a space labeled “accepted by” for signature by Brown. Brown did not return this prepared acknowledgment. Instead, he returned an “order
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This note was uploaded on 04/10/2011 for the course LAW 501 taught by Professor Roy during the Fall '08 term at Ole Miss.

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Brown Machine, Inc. v. Hercules, Inc. - Contracts 9/19...

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