Legal Opinion
McJunkin Corp. v. Mechanicals, Inc.
Court of Appeals for the Sixth Circuit
Decided November 2, 1989No. 87-3345PublishedCited by 16 opinions
1Opinion of the Court
ENGEL, Senior Circuit Judge.
This conflict requires a court to declare a victor in a classic Uniform Commercial Code "Battle of the Forms” under Ohio Rev.Code § 1302.10, U.C.C. § 2-207. We must determine whether, under the facts here, a liability limitation contained in an acknowledgment form of Appellee Alaskan Copper Companies precludes Appellant McJunkin Corporation from recovering damages after Alaskan sold it defective goods.
The problem underlying any “battle of the forms” is that parties engaged in commerce have failed to incorporate into one formal, signed contract the explicit terms of…
2Cases cited6 opinions
- Frank E. Dorton and J. A. Castle, Partners, D/B/A the Carpet Mart v. Collins & Aikman Corporation and Painter Carpet Mills, Inc.Court of Appeals for the Sixth Circuit · 1972
- Zora H. Gillham v. The Admiral CorporationCourt of Appeals for the Sixth Circuit · 1975
- Standard Alliance Industries, Inc. v. Black Clawson Co.Court of Appeals for the Sixth Circuit · 1978
- The Mead Corporation v. McNally Manufacturing CorporationCourt of Appeals for the Sixth Circuit · 1981
- John R. Hildebrand v. Board of Trustees of Michigan State UniversityCourt of Appeals for the Sixth Circuit · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gerald Paschal v. Flagstar Bank, Fsb, a Federal Savings Bank, F/k/a First Security Savings Bank, FsbCourt of Appeals for the First Circuit · 2002
- Step-Saver Data Systems, Inc. v. Wyse Technology and the Software Link, IncCourt of Appeals for the Third Circuit · 1991
- Patricia Bowman, Plaintiff-Appellee/cross-Appellant v. Corrections Corporation of America, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2003
- Gage Products Co. v. Henkel CorporationCourt of Appeals for the Sixth Circuit · 2004
- Premix-Marbletite Manufacturing Corp. v. SKW Chemicals, Inc.District Court, S.D. Florida · 2001
11 more not listed; retrieve them via the Exa API.