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THERMA-COUSTICS MFG., INC. v. BORDEN, INC.

Docket No. 33420.

167 Cal.App.3d 282 (1985)

213 Cal. Rptr. 611

THERMA-COUSTICS MANUFACTURING, INC., Plaintiff and Appellant, v. BORDEN, INC. et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

April 24, 1985.

Attorney(s) appearing for the Case

COUNSEL

Dawson & Ninnis and Jeffrey H. Smith for Plaintiff and Appellant.

McCutchen, Black, Verleger & Shea, Howard J. Privett and Cheryl D. Chadwick for Defendants and Respondents.

OPINION

McDANIEL, J.

This appeal presents for the first time in this state an occasion to interpret section 2207 of the California Uniform Commercial Code (infra) as it operates to permit an offeree seller to accept an offer to purchase on terms not contained in the offer, which are yet binding on the offeror buyer, provided such terms do not represent a "material alteration" of the contract. Here the offeree seller's invoices...

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