The Binkley Company v. Teledyne Mid-America Corporation

MATTHES, Chief Judge.

This is an appeal in a diversity case, originally filed in state court and then removed under 28 U.S.C. § 1441 et seq. Plaintiff Binkley Company is a Missouri Corporation. Defendant Teledyne is successor by merger to Precision Welder & Flexopress Corp. (Precision), which was headquartered in Cincinnati, Ohio, with an office in St. Louis, Missouri.

By letters between Precision’s Ohio office and Binkley’s Missouri office, the parties negotiated the sale by Precision to Binkley of a welder for a sum in excess of $48,560.00. By express warranty, Precision guaranteed the welder…