AMRA Industries Inc. v. GTE Mobilnet
Docket: No. 99-56087; D.C. No. CV-97-02315-JNK/JAH
Court: Court of Appeals for the Ninth Circuit; March 6, 2001; Federal Appellate Court
AMRA Industries, Inc. (Appellant) appeals the district court's summary judgment in favor of GTE Mobilnet of San Diego (Appellee) regarding a breach of contract claim. AMRA sought to purchase wholesale cellular telecommunications services from GTE for retail resale in San Diego. GTE had sent AMRA a proposed contract along with a letter specifying four conditions that needed to be met for GTE to execute the agreement. AMRA did not provide evidence of fulfilling these conditions before GTE revoked its offer on June 2, 1997. The appellate court has jurisdiction under 28 U.S.C. § 1291 and reviews the summary judgment de novo. It reiterates that acceptance of an offer must conform exactly to its terms, as per California Civil Code § 1585. The court cites case law indicating that a valid contract cannot exist if conditions precedent are not satisfied. GTE's letter clearly established such conditions, which AMRA failed to meet. Consequently, the district court's decision is affirmed. This ruling is not to be published or cited in future cases except as allowed by Ninth Circuit Rule 36-3.