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EMPIRE MACHINERY v. LITTON BUSINESS TEL. SYSTEMS

No. 1 CA-CIV 3188.

115 Ariz. 568 (1977)

566 P.2d 1044

EMPIRE MACHINERY CO., an Arizona Corporation, Appellant, v. LITTON BUSINESS TELEPHONE SYSTEMS, DIVISION OF LITTON SYSTEMS, INC., Litton Systems, Inc., a Delaware Corporation, Litcom, a division of Litton Industries, Inc., Litton Industries, Inc., a Delaware Corporation, Appellees.

Court of Appeals of Arizona, Division 1, Department C.

Review Denied September 20, 1977.

Attorney(s) appearing for the Case

Ryley, Carlock & Ralston by George Read Carlock, James E. Brophy, III, N. Warner Lee, Phoenix, for appellant.

Lewis & Roca by Roger W. Kaufman, Paul G. Ulrich, Kimball J. Corson, Phoenix, for appellees.

JACOBSON, Presiding Judge.

This is a contract action in which we are called upon to determine whether execution of a "home office acceptance" clause is the exclusive means by which a contract can be made binding.

This action was instituted by Empire Machinery Co. (Empire) against Litton Systems Co. and various divisions and subsidiary companies of Litton Systems Co. (collectively referred to as Litton) seeking damages for breach of a contract to install an...

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