Magliozzi v. P&T Container Service Co., Inc.
Massachusetts Appeals Court
614 N.E.2d 690 (1993)
Magliozzi (plaintiff), injured by a trash compactor owned by P&T Container Service Co., Inc. (P&T) (defendant) while working for Crusader Paper Co., Inc. (Crusader), sued P&T, which brought a third-party indemnification claim against Crusader based on an indemnification clause printed on the back of "pickup tickets" that Crusader employees signed each time P&T emptied the already-installed compactor; the parties' original November 1983 letter agreement, however, contained no such clause, and nothing on the tickets' face indicated additional terms existed on the back. The lower court granted Crusader summary judgment finding no valid indemnification contract, and P&T appealed.
Whether, if an agreement has already been reached, Uniform Commercial Code section 2-207 makes additional terms proposed in a later writing a part of that contract.