RANKIN
v.
OHIO

U.S. | 1978-02-21
No. 77-875
434 U.S. 1056 Supreme Court of the United States (1978) Positive Treatment
Cited by 1 case
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  • Idaho Power Co. v. Westinghouse Elec. Corp., 596 F.2d 924 (9th Cir. 1979)
    …he purchase order was an effective acceptance under § 207(1), the disclaimer in Westinghouse’s form is not part of the contract. It relies on Southern Idaho Pipe & Steel v. Cal-Cut Pipe & Supply, Inc., 98 Idaho 495, 567 P. 2d 1246 (1977), dismissed, 434 U.S. 1056, 98 S.Ct. 1225, 55 L.Ed.2d 757 (1978). In Southern Idaho Pipe, the court held that when a contract is formed under § 207 by documents with conflicting terms, those terms cancel out, leaving the court to supply the contested term. It reasoned that u…

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