Togo International, Inc. v. Mound Steel Corp.

Powell, Judge.

Defendant-appellant, Mound Steel Corporation (“Mound”), appeals an order of the Butler County Court of Common Pleas granting summary judgment in favor of plaintiff-appellee, Togo International, Inc. (“Togo”).

Togo is an American subsidiary of a Japanese corporation in the business of manufacturing, designing, engineering, constructing and selling amusement park rides and attractions. Mound is in the business of manufacturing, constructing and fabricating items from metal. In early 1991, following negotiations during which, according to Mound, Togo represented that it would order…