Case Problem Analysis: Additional Terms

Stripes, a clothing manufacturer from Maine, offered to sell Barnes, the owner of a clothing store in California, one thousand shirts for a stated price to be paid on delivery of the shirts. The offer declared that shipment would be made by On$-$Demand Truck Line to Barnes's store.

Barnes replied, "I accept your offer for one thousand shirts at the price quoted. However, delivery is to be made by Blue Express Truck Line."

Both On$-$Demand Truck Line and Blue Express Trick Line are well$-$known national companies.

Three weeks later, Stripes shipped the shirts by On$-$Demand Truck Line, which was just a few dollars cheaper, and Barnes refused to accept delivery. Stripes sued for breach of contract. Barnes claimed that there never was a contract because his reply, which included a modification of carriers, did not constitute an acceptance. Barnes further claimed that, even if there had been a contract, Stripes would have been in breach because Stripes shipped the shirts by On$-$Demand, contrary to the contract terms.