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NORTHROP CORP. v. LITRONIC INDUSTRIES

Nos. 93-3912, 93-4000.

29 F.3d 1173 (1994)

NORTHROP CORPORATION, Plaintiff-Appellee/Cross-Appellant, v. LITRONIC INDUSTRIES, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 18, 1994.

Attorney(s) appearing for the Case

James T. Ryan (argued), Laura M. Maul, Ryan & Nelson, Laura M. Henry, Ryan, Nelson & McSherry, Arlington Heights, IL, Stephen M. Szarmack, Quantum Financial Services, Inc., Chicago, IL, for Northrup Corp.

David E. Gordon, Gerald B. Mullin (argued), Rosenthal & Schanfield, Chicago, IL, for Litronic Industries.

Before POSNER, Chief Judge, and HILL and RIPPLE, Circuit Judges.

POSNER, Chief Judge.

"Battle of the forms" refers to the not uncommon situation in which one business firm makes an offer in the form of a preprinted form contract and the offeree responds with its own form contract. At common law, any discrepancy between the forms would prevent the offeree's response from operating as an acceptance. See Poel v. Brunswick-Balke-Collender Co., 216 N.Y. 310, 110 N.E. 619, 621-22 (1915). So there would be no contract in such a...

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