Material change for purposes of the merchant

Reference no: EM131014991

1. L. A. Becker Co., Inc., sent D. A. Clardy a $100 down payment along with a merchandise order. Clardy de- posited the check, as was its usual daily practice for pay- ments. After examining the offer, Clardy sent a rejection letter along with a check for $100 to Becker, which claims Clardy accepted by cashing the check. Is Becker correct? [L. A. Becker Co. v. Clardy, 51 So. 211 (Miss. 1910)]

2. Would an arbitration clause added to the reverse side of a buyer's purchase order be a material change for purposes of the merchant's battle of the forms under Section 2-207 of the UCC? [Berquist Co. v. Sunroc Corp., 777 F. Supp. 1236 (E.D. Pa. 1991)]

Reference no: EM131014991

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