Legal Opinion
Insul-Mark Midwest, Inc. v. Modern Materials, Inc.
Indiana Supreme Court
Decided April 20, 1993No. 43S04-9304-CV-453PublishedCited by 49 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
The question is how to decide whether to apply the sales section of the Uniform Commercial Code to a transaction involving both goods and services. We grant transfer to resolve conflicting authority in the Court of Appeals.
Procedural History
This case arises from a transaction between Kor-It Sales, Inc. and Modern Materials, Inc. Kor-It sent roofing fasteners to Modern Materials for application of fluorocarbon coating to increase the rust resistance of its screws. The commercial relationship between Kor-It and Modern Materials fell apart, however, when some of the coated…
2Cases cited10 opinions
- Frances M. Bonebrake, Administratrix De Bonis Non of the Estate of Woodrow B. Simek, Deceased v. Donald Cox and Claude Cox, D/B/A Tamarack BowlCourt of Appeals for the Eighth Circuit · 1974
- Valco Cincinnati, Inc. v. N & D Machining Service, Inc.Ohio Supreme Court · 1986
- Kopis v. SavageIndiana Court of Appeals · 1986
- William P. Wells D/B/A Recmart, Cross-Appellant v. 10-X Manufacturing Company, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1979
- Air Heaters, Inc. v. Johnson Electric, Inc.North Dakota Supreme Court · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Ogden Martin Systems of Indianapolis, Inc. v. Whiting Corp.Court of Appeals for the Seventh Circuit · 1999
- Rheem Manufacturing Co. v. Phelps Heating & Air Conditioning, Inc.Indiana Supreme Court · 2001
- Linden v. Cascade Stone Company, Inc.Wisconsin Supreme Court · 2005
- Conwell v. Gray Loon Outdoor Marketing Group, Inc.Indiana Supreme Court · 2009
- Olcott International & Co. v. Micro Data Base Systems, Inc.Indiana Court of Appeals · 2003
44 more not listed; retrieve them via the Exa API.