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Scott Computers, Inc. is a large company that manufactures, sells, and leases computers and related software. Our company does extremely well, at the end of fiscal year ’91 their gross income was $339,000,000. In February of 1990, Rapid’s vice president contacted us wanting to speak to a salesperson regarding purchasing computer equipment. Our salesperson, June Robertson, met with Dee Williams in which they discussed Rapid purchasing computer equipment that would allow Rapid’s customers to engage in computerized composition remotely. Rapid’s goal was to allow their customers to transmit information directly to Rapid in typeset-ready format. This would allow Rapid to become more efficient and competitive.
At the end of their meeting, Williams drafted a written request for a proposal. The proposal, however, had no mention of software. Several other meeting between Williams and Robertson later took place, in which, they discussed Rapid’s software demands. These discussions were limited to operating programs and didn’t include application programs. At one point, however, Robertson told Williams about how our Print-Rite software could meet Rapid’s needs for only $1,750/month. Williams declined the offer stating that he had the ability to write Rapid’s software; he also mentioned that Rapid was concerned whether or not Print-Rite met Rapid’s required level of user-friendliness. In March of 1991, Rapid and Scott entered into a contract which outlined the specifics of the deal. Nowhere in the contract was there any mention of any application software.
In July, 1991, our hardware was fully installed at Rapid. Soon after, Rapid noticed that the system was unable to conduct computerized composition. An issue arose as to who was responsible for providing the appropriate application software. Williams asserts that Robertson agreed to provide the applicable software at no charge, while Robertson contends.
By February, 1992, because no...