Frix v. Integrity Medical Systems, Inc.

2017 WL 4171987 (2017)

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Nature of the Case

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Facts

P owns several medical clinics. P wanted to expand the services at his clinics to include mammography. P sought to place a 64-slice CT scanner, then located at his Henderson clinic, inside a mobile trailer with the new mammography equipment. P owned the mobile trailer, but it was currently occupied by a 4-slice CT scanner. P solicited bids from three medical equipment companies (1) to uninstall and remove the four-slice CT scanner from his trailer, (2) to transport and install the 64-slice CT scanner inside that same trailer, and (3) for new mammography equipment that would also be installed in the trailer. D submitted the lowest bid. P alleges he simply accepted D's bid and e-mailed D to confirm the terms of the deal. D faxed a purchase agreement back. D alleges that P accepted the terms of the Purchase Agreement and not the emails. D eventually canceled the project and did refund any part of the $51,000 plus that P paid D. P seeks partial summary judgment on the single issue of D's liability for breach of contract. P asserts that D indisputably breached the Contract as agreed to in their e-mail correspondence. The parties do not dispute the existence of the Contract. Nor do they dispute that D refused to perform. D claims P breached the terms of the Purchase Agreement, which governed the Contract. The main issue for the Court to resolve is whether the Purchase Agreement governs the Contract.