DEPENDABLE COMPONENT SUPPLY, INC. v. PACE ELECTRONICS, INC.

No. 4D00-2561.

772 So.2d 582 (2000)

DEPENDABLE COMPONENT SUPPLY, INC., Appellant, v. PACE ELECTRONICS INC., Appellee.

District Court of Appeal of Florida, Fourth District.

November 29, 2000.


Attorney(s) appearing for the Case

Stephen L. Zimmerman of Zimmerman, Zimmerman & Miceli, P.A., Pompano Beach, for appellant.

Caroline Montanus Landt and Kevin W. Shaughnessy, Orlando, and William D. Ricker, Jr., Fort Lauderdale, of Ackerman, Senterfitt & Eidson, P.A., for appellee.


FARMER, J.

As long as there are merchant buyers and sellers of goods, there will be forms with self-serving boilerplate. And as long as the transactions proceed without incident—which may be after a long while and many sales—their forms will pass like ships on a foggy sea. But when at last one of their transactions sinks, each retreats to the shelter of its favorable terms to claim victory. Faced with such varying language in seller's and buyer's forms...

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