26 Ucc rep.serv.2d 1099, prod.liab.rep. (Cch) P 14,249, 95 Daily Journal D.A.R. 8478 Apollo Group, Inc., an Arizona Corporation v. Avnet, Inc., a New York Corporation Dba Hamilton/avnet Computers

58 F.3d 477 26 UCC Rep.Serv.2d 1099 , Prod.Liab.Rep. (CCH) P 14,249 , 95 Daily Journal D.A.R. 8478 APOLLO GROUP, INC., an Arizona corporation, Plaintiff-Appellant, v. AVNET, INC., a New York corporation dba Hamilton/Avnet Computers, Defendant-Appellee. No. 93-16131. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1995. Decided June 28, 1995. E. Jeffrey Walsh, Snell & Wilmer, Phoenix, AZ, for plaintiff-appellant. Thomas G. Ryan, Lewis and Roca, Phoenix, AZ, for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before: SNEED and O'SCANNLAIN, Circuit Judges; MERHIGE, * District Judge. O'SCANNLAIN, Circuit Judge: 1 "We are told that Contract, like God, is dead." 1 In this computer age case, we learn that Contract, at least, is very much alive and well in the Ninth Circuit. 2 * Apollo Group, Inc. ("Apollo") purchased software from Oracle Corporation ("Oracle"), a software vendor. Apollo's purchase included both a database system and Oracle Financials, an accounting software package. Apollo then sought to purchase an appropriate computer system to run the software. To this end, Apollo contacted Avnet, Inc.…