Trax Monitoring, Inc. v. K.E.B. Investments, Inc.

980 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TRAX MONITORING, INC., Plaintiff-Appellee, v. K.E.B. INVESTMENTS, INC., Defendant-Appellant. No. 91-16134. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 17, 1992. Decided Nov. 27, 1992. Before SCHROEDER, WILLIAM A. NORRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 K.E.B. Investments, Inc. ("K.E.B.") appeals the district court's grant of summary judgment to Trax Monitoring, Inc. ("Trax"). The dispute concerns whether K.E.B. accepted an option contract. 3 The principal issue is whether the district court erred by holding as a matter of law that K.E.B.'s letter of February 7, 1990, was not an unqualified acceptance of the original option agreement and thus did not operate as a valid acceptance of that agreement. We hold that the district court was correct, because the letter of February 7, 1990, contained conflicting statements. On the one hand, the letter stated that it was an…