SCHULZE AND BURCH BISCUIT CO. v. TREE TOP, INC.

No. 86-2679.

831 F.2d 709 (1987)

SCHULZE AND BURCH BISCUIT COMPANY, Plaintiff-Appellant, v. TREE TOP, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 10, 1987.


Attorney(s) appearing for the Case

Peter C. Woodford, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, for plaintiff-appellant.

John J. George, Daley & George, Ltd., Chicago, for defendant-appellee.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and ESCHBACH, Senior Circuit Judge.


ESCHBACH, Senior Circuit Judge.

In this diversity case governed by the Uniform Commercial Code as adopted in Illinois, the principal issue is whether the inclusion of an arbitration clause in a confirmation form is a "material addition" to a contract for the sale of apple powder, where the same clause appeared in confirmation clauses sent in each of nine similar previous transactions between the contracting parties. Under § 2-207 of the Uniform Commercial Code...

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