Hercules, Inc. (Hercules) (defendant) requested a price quote from Brvery own Machine, Inc. (Brown) (plaintiff) for a piece of tools. Brown sent out the quote, which included a cover page stating that Brown wimelted to better talk about the quote and that the quote was being submitted for “approval.” Also attached to the quote were numerous paragraphs, consisting of one providing that the quotation was not an market that might be embraced. In response to the proposal, Hercules submitted a purchase order. The purchase order gave that acceptance of the order specifically limited the regards to the contract to the terms of the purchase order. The purchase order did not contain an indemnity provision. In response to the purchase order, Brvery own sent out Hercules an order acknowledgment, which contained an indemnity provision. The equipment was shipped to Hercules and the agreed-upon purchase price was phelp. Sometime later on, an employee of Hercules was injured by the tools and sued Brvery own. Brown insisted that Hercules honor the indemnity provision, but Hercules refused. Brown filed suit against Hercules seeking the negotiation amount it had actually paid to the injured employee. The trial court uncovered in favor of Brvery own for indemnification and awarded dameras. Hercules appearesulted in the Missouri Court of Appeals.
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