Norca Corp. v. Tokheim Corporation
Court: Appellate Division of the Supreme Court of the State of New York; May 13, 1996; New York; State Appellate Court
In a legal action to recover damages for breach of contract, the plaintiff appeals from an order and judgment from the Supreme Court of Nassau County that granted summary judgment in favor of the defendants, dismissing the complaint. The appellate court affirmed the judgment and awarded costs. Key legal principles discussed include: 1. An offer made for a specified period exceeding three months can be revoked at the end of that period, as per UCC 2-205. 2. Indirect revocation of an offer can occur without explicit terms of revocation; action inconsistent with the intent to form a contract can serve as valid revocation. 3. In this case, defendant Saint Switch, Inc. made an initial offer to sell fuel pumps to the appellant on April 14, 1993, valid until July 31, 1994. However, on August 18, 1993, Saint Switch issued a new offer with different pricing, which effectively revoked the original offer. 4. The appellant's attempt to accept the original offer on November 4, 1993, was invalid as the new offer had already been made and was inconsistent with the original terms. The court concluded that the trial court correctly granted summary judgment in favor of the defendants, and the appellant's additional arguments were found to lack merit. The judges concurred with the ruling.