Corinthian Pharmaceutical Systems, Inc. v. Lederle Laboratories
United States District Court for the Southern District of Indiana
724 F.Supp. 605 (1989)
Anticipating a price increase, Corinthian (plaintiff) ordered 1,000 vials of DTP vaccine from Lederle (defendant) at the pre-increase price of $64.32 the day before Lederle's new $171 price took effect; Lederle shipped only 50 vials at the requested price along with a letter explaining the rest would be filled at the new price, that this was an exception to its usual policy, and that Corinthian could cancel the remaining 950-vial order. Corinthian sued for specific performance of the full 1,000-vial order at the original price, and Lederle moved for summary judgment.
Whether, if a shipment of goods sent in response to an offer to purchase does not conform to the order, and notice is sent that the shipment is offered as an accommodation, there is acceptance.