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Wachter Management Co. v. Dexter & Chaney, Inc.

Kansas Supreme Court

144 P.3d 747 (2006)

Summary
Procedural History
Judicial Opinion
Citations

Both parties to a contract must agree to proposed amendments that materially alter the original contract for the amendments to be considered part of the contract.

Relevant Facts

Dexter & Chaney, Inc. (DCI) sold software to Wachter Management Company (Wachter). DCI’s proposal included software, maintenance, training, and consulting, but did not mention additional terms. Wachter signed this proposal. The software came with a licensing agreement (shrinkwrap agreement) stating that opening the package bound Wachter to its terms, including a choice of venue clause for disputes in Washington. Wachter installed the software and later sued DCI in Kansas for issues with the software. DCI moved to dismiss based on the shrinkwrap agreement’s venue clause. The trial court denied this, ruling that the shrinkwrap agreement attempted to add terms to the original contract.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 8, 2023

Judicial Opinion

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Procedural History

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Citations

144 P.3d 747 (2006)

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