Fargo Equipment Co. v. Carborundum Co.

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff Fargo Equipment Co., Inc. (Fargo), sued defendant Carborundum Company (Carborundum) for payments allegedly due on the rental and repair of a compressor *1003which Fargo sold to Carborundum in 1977. Carborundum asserted a counterclaim against Fargo alleging negligence, strict products liability, breach of express and implied warranties and breach of contract. U Fargo subsequently commenced a third-party action against third-party defendants Ajax Electric Motor Corp. (Ajax)…