White

White v. Autozone, Inc.

Good Law
213 F. App'x 628
United States Court of Appeals for the Ninth CircuitDecember 27, 2006No. 04-56824California693 words

Opinion

Lead Opinion

MEMORANDUM **

AutoZone, Inc. appeals the district court’s summary judgment and award of damages in favor of Maria White. We have jurisdiction to review this appeal under 28 U.S.C. § 1291 , and we affirm.

AutoZone argues that it could not have breached a contract with White because the memorandum dated December 3, 1997 sent and signed by Sylvester Holland (the “Holland memo”) was merely a letter confirming a verbal offer and not a contract. It is well-settled in California, however, “ ‘that the receipt and acceptance by one party of a paper signed by the *630 other only, and purporting to embody all the terms of a contract between the two, binds the acceptor, as well as the signer, to the terms of the paper.’ ” Dallman Supply Co. v. Smith-Blair, Inc., 103 Cal. App.2d 129 , 228 P.2d 886, 888 (1951) (quoting Frankfort Marine Accident & Plate Glass Ins. Co. v. Cal. A.M. & Wire Co., 28 CaLApp. 74, 151 P. 176, 180 (1915)) (citations omitted). It is undisputed that White received the memorandum prepared and signed by Holland, an AutoZone manager, and began work on December 15 under its terms. Therefore both parties were contractually bound by the terms set forth in the Holland…

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