Conocophillips Alaska, Inc., Appellant and Cross-Appellee v. Williams Alaska Petroleum, Inc., Appellee And…

Summary

The court held that the parties modified their crude-oil exchange agreement under UCC § 2-207(1), notwithstanding differences between Williams's offer and ConocoPhillips's response. ConocoPhillips's retention of the payment and its response constituted a definite and seasonable acceptance, and the resulting contract included the higher FERC interest rate because ConocoPhillips objected only to a different term. The court reinstated and affirmed the original summary judgment for Williams and affirmed the attorney-fee and cost rulings. No separate opinions were filed.