Leonard Pevar Company v. Evans Products Co.,

524 F.Supp. 546 (1981)

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Nature of the Case

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Facts

Pevar (P) sought a source of supply for plywood to use on construction projects in Pennsylvania. Evans (D) quoted the lowest price for the wood. On October 12, 1977, P had a phone conversation with D to obtain a price quotation. P then claims her called D to order wood and entered into an oral contract with D. D admits the call but denies a contract. P then sent a written purchase order and in the order P did not make any reference to warranties or remedies. D sent an acknowledgment with boilerplate that indicated the contract of sale was expressly conditioned upon P's acceptance to all terms of the contract. One of the terms disclaimed most warranties and limited the buyer's remedy by restricting liability if the plywood proved defective. The plywood proved defective and P sued D. Both parties applied for summary judgment.