Computer Network, Ltd. v. Purcell Tire & Rubber Co.

747 S.W.2d 669 · Missouri Court of Appeals · 1988

Facts

Computer Network sued Purcell Tire for breach of contract after Purcell refused to purchase the remaining 12 of 21 IBM PCs specified in a signed letter. Purcell argued there was no definite contract, citing lack of mutual assent and ambiguity, despite having accepted and paid for 9 units. The trial court found for Computer Network.

Issue

Was there a definite and enforceable contract for the sale of 21 personal computers between the parties, and was it sufficiently certain to allow for damages, despite the buyer's claims of no mutual assent or ambiguity?

Holding

The court affirmed the trial court's judgment, holding that a definite and binding contract for the sale of 21 computers existed, as the parties objectively manifested assent and the contract was sufficiently definite.

Rule

Under the UCC, a contract for the sale of goods can be formed by any manner showing agreement, including conduct, and does not fail for indefiniteness if the parties intended to contract and there is a reasonably certain basis for remedy. Contractual intent is determined by objective manifestation of assent, not subjective mental reservations.

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Case brief last reviewed 2026-05-06. Prepared by CaseReader from the published opinion.