Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bristol-Myers Squibb Co. v. Ikon Office Solutions

July 01, 2002

BRISTOL-MYERS SQUIBB COMPANY, PLAINTIFF-APPELLEE,
v.
IKON OFFICE SOLUTIONS, INC., DEFENDANT-APPELLANT.



Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. No. EV 99-48-C -H/H--David F. Hamilton, Judge.

Before Rovner, Diane P. Wood, and Evans, Circuit Judges.

The opinion of the court was delivered by: Rovner, Circuit Judge.

As amended July 16, 2002.

BRISTOL-MYERS SQUIBB COMPANY, PLAINTIFF-APPELLEE,
v.
IKON OFFICE SOLUTIONS, INC., DEFENDANT-APPELLANT.

Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. No. EV 99-48-C -H/H--David F. Hamilton, Judge.

Before Rovner, Diane P. Wood, and Evans, Circuit Judges.

The opinion of the court was delivered by: Rovner, Circuit Judge.

 ARGUED SEPTEMBER 25, 2001

Bristol-Myers Squibb Company ("Bristol-Myers") filed a complaint with the district court to determine whether it had the right to cancel a contract that it had entered into with Ikon Office Solutions, Inc. ("Ikon") for photocopy equipment and services. The district court granted summary judgment in favor of the plaintiff after determining that Bristol-Myers had the unconditional right to terminate the contract subject only to the payment of the agreed upon cancellation fee. Ikon appeals and we affirm.

I.

On December 29, 1995, Bristol-Myers entered into a lease agreement with Modern Business Systems, which is now known as Ikon. The lease required Ikon to provide photocopy equipment and services to the Bristol-Myers Mead Johnson Nutritional Facilities in Evansville, Indiana for a term of five years. After approximately one month of negotiations, and several draft agreements, the parties signed a contract consisting of a preprinted form and a typed addendum. The preprinted portion of the contract states, "This lease is noncancelable," but provides a space for "Other Options and Conditions." Within that space, Ikon typed, "See Addendum #1 for terms and conditions." The relevant langauge in Addendum #1 is as follows:

Throughout the length of the 5 year contract, Modern Business Systems will consider renegotiation of the cost per copy pricing to match competitor bids to Bristol-Myers Squibb Corporate Office. Cancellation Penalty is 25% of the remaining equipment portion of the contract:

1 year into contract $142,560

2 years into contract ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.