In Crest Ridge Construction v. Newcourt, where an order for construction materials that Crest Ridge needed was rejected for failure to meet credit terms, and Crest Ridge had to find a higher-cost replacement and sued Newcourt for damages, the appeals court held that:

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The appeals court held that Newcourt was liable for breach of contract because there was evidence that the two companies had formed a contract under the definition found in the UCC. The court found that Newcourt's rejection of Crest Ridge's credit application did not constitute a counteroffer that terminated the original offer for the sale of materials. Therefore, the original offer was accepted, and a binding contract was formed. As a result, Newcourt's failure to provide the materials as agreed constituted a breach of contract.

In Crest Ridge Construction V