Opinion

Maxon Corp. v. Tyler Pipe Industries, Inc.

  • 497 N.E.2d 570
  • 3 U.C.C. Rep. Serv. 2d (West) 52
  • 1986 Ind. App. LEXIS 2951
Court
Indiana Court of Appeals
Filed
Sep 15, 1986
Status
Published
Author
Shields
On the bench
Sullivan, Miller, Shields
Cited by
15 cases

finding material alteration as a matter of law, and citing other cases finding alteration a legal question

How later courts described this case

  • finding material alteration as a matter of law, and citing other cases finding alteration a legal question
  • noting that, in some states, certain clauses have been held to constitute a material alteration of the contract as a matter of law
  • a reliance on the prior course of dealings between the parties was misplaced because “[a]n exchange of identical forms on prior occasions does not, of itself, establish a common basis of understanding.”
  • an Indiana court interpreting the identical section of the Uniform Commercial Code and considering a similar indemnification clause

Written by the judges who cited it.

The opinion

SHIELDS, Judge,

concurring in result.

I concur in the majority opinion to the extent it finds the indemnification clause is unconscionable and violates public policy.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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