Interfood, Inc. v. Select Veal Feeds, Inc., No. 12-10825, 2014 U.S. Dist. LEXIS 5009 (D. Mass. Jan. 15, 2014)

(defendant, a feed company, entered into a contract with plaintiff, a global dairy supplier, for the purchase and delivery of whey protein concentrate (WPC); the parties continued their arrangement for several years until they attempted to negotiate a new contract; plaintiff sent an email to defendant, attaching a proposed sales confirmation, requesting a signature and stamp for acceptance; the proposal included a term requiring defendant to pay for the pallets upon which the WPC would be delivered; defendant did not sign or stamp the proposal, but objected via email to the pallet charge; plaintiff then emailed defendant a revised confirmation, which also included the pallet charge provision; defendant again objected  to the provision and did not sign or stamp the confirmation; defendant did not purchase any more WPC from plaintiff, and plaintiff sued defendant for breach of contract; the court granted summary judgment to defendant, finding that defendant had properly objected to the written confirmation’s contents within 10 days of receipt, as was required by Massachusetts’ version of UCC § 2-201(2)(applicable to merchants); defendant was not required in its objection to deny the existence of a contract, as argued by plaintiff; rather, it was sufficient that defendant gave some written objection to the confirmation’s terms).