Legal Opinion

JMB Manufacturing, Inc. v. Harrison Manufacturing, LLC.

Court of Appeals for the Seventh Circuit

Decided August 24, 2015No. 14-3306, 14-3315PublishedCited by 47 opinions

1Opinion of the Court

HAMILTON, Circuit Judge.

This case presents a merchant’s creative effort to avoid the limited remedies that contract law provides for a seller’s delivery of non-conforming goods. After the seller delivered about $90,000 worth of non-conforming wood products, the buyer sought recovery from both the seller and its president personally for tort damages on a tort theory, that they negligently misrepresented the quality of the delivered goods.

The district court ruled in favor of the buyer and awarded damages of more than $2.7 million on the theory that the nonconforming goods caused the complete…

2Cases cited23 opinions

  1. Seely v. White Motor Co.California Supreme Court · 1965
  2. Donald McCormick v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2000
  3. Degen v. United StatesSupreme Court of the United States · 1996
  4. Scandia Down Corporation, a California Corporation, and Goose Down, Inc., an Illinois Corporation v. Euroquilt, Inc., a New Jersey CorporationCourt of Appeals for the Seventh Circuit · 1985
  5. Jennie A. Mayer v. Gary Partners and Company, Limited, and K-Mart CorporationCourt of Appeals for the Seventh Circuit · 1994

18 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Stefen Escamilla v. United StatesCourt of Appeals for the Seventh Circuit · 2023
  2. Berry Plastics Corporation v. Illinois National Insurance CoCourt of Appeals for the Seventh Circuit · 2018
  3. Bank of America, N.A. v. CartwrightDistrict Court, N.D. Indiana · 2021
  4. Berry Plastics Corporation v. Illinois National Insurance CoCourt of Appeals for the Seventh Circuit · 2018
  5. Board of Trustees of the Pipe Fitters Retirement Fund, Local 597 v. Commercial Cooling and Heating, Inc.District Court, N.D. Illinois · 2019

42 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API