Luedtke Engineering Co., Inc. v. Indiana Limestone Co., Inc.
United States Court of Appeals for the Seventh Circuit
740 F.2d 598 (1984)
General contractor Luedtke Engineering Co., Inc. (Luedtke) (plaintiff) incorporated a stone price quote from Indiana Limestone Co., Inc. (defendant) into a successful bid for a Milwaukee harbor repair project, then sent a purchase order specifying a 1,500-ton-per-day shipping schedule, to which Indiana Limestone did not object; Indiana Limestone fell behind schedule due to rail disruptions, labor strikes, and weather - delays similar to ones Luedtke had previously experienced with the company - ultimately delivering stone months late, though Luedtke still completed the harbor project well ahead of schedule. Luedtke sued for breach based on the missed shipping schedule, and the district court held the schedule was never part of the parties' contract and Indiana Limestone had not breached; Luedtke appealed.
Whether, under the Uniform Commercial Code, an additional term included in a written acceptance of an offer becomes part of the contract if the term materially alters the contract.