Indiana Glass Co. v. Indiana Michigan Power Co.

OPINION

GARRARD, Judge.

STATEMENT OF THE CASE

Indiana Glass Company (“Indiana Glass”) appeals the trial court’s grant of summary judgment in favor of Indiana Michigan Power Company (“I & M”) on Indiana Glass’s claim for attorney’s fees as incidental or consequential damages under the Indiana Uniform Commercial Code (the “UCC”). We affirm.

ISSUE

Whether a buyer may recover attorney’s fees as incidental or consequential damages under the UCC for breach of the implied warranties of merchantability and fitness for a particular purpose.

FACTS

Indiana Glass is an Indiana corporation that manufactures…