Interstate Industries, Inc. v. Barclay Industries, Inc.
United States Court of Appeals for the Seventh Circuit
540 F.2d 868 (1976)
After years selling fiberglass panels to Interstate Industries (Interstate) (plaintiff), manufacturer Barclay Industries (Barclay) (defendant) sent a letter describing a new panel type and its price, explicitly labeling itself a 'price quotation' based on truckload orders of 75,000+ square feet, freight prepaid, F.O.B. New Jersey. Interstate promptly mailed two purchase orders for the panels, but two months later Barclay said it couldn't supply them. Interstate sued for breach of contract; Barclay moved to dismiss or quash service for lack of personal jurisdiction, the district court denied the motion, and Barclay took an interlocutory appeal.
Whether distinguishing a price quotation from an offer depends on the intention of the parties and the language used, specifically whether the communication includes quantity, price, delivery terms, and payment method.