Idaho Power Co. v. Westinghouse Electric Corp.

596 F.2d 924 (1979)

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Nature of the Case

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Facts

Idaho (P) sent an inquiry to Westinghouse (D) for a price on a three-phase voltage regulator. D responded with a quote subject to the terms and conditions on the back of the quote. The terms on the back limited D's liability and included an integration statement. P responded with a purchase order stating its own terms, but those terms did not limit D's liability. P installed the regulator in June 1974, and it failed on July 31, causing a fire and damaging it and other equipment. D repaired the regulator at its expense, but P sought $21,241.52 for other damages under negligence, breach of implied and express warranty, and strict liability in tort. A summary judgment was given D on the terms of the contract. P appealed.